Last Resolution No. 18-1049 Last Ordinance No. 18-0331
REGULAR MEETING OF THE SOLVANG CITY COUNCIL
COUNCIL CHAMBERS 1644 OAK STREET
May 29, 2018 (Tuesday) 6:30 p.m.
Please be advised that, pursuant to State Law, any member of the public may address the Council concerning any item on the Agenda. Please be aware that Items on the Consent Calendar are considered to be routine and are normally enacted by one vote of the Council. If you wish to speak on Items 3 or 4 please do so during Public Communications. Regular City Council meetings are broadcast live on Channel 23 in the Santa Ynez Valley, and stream live on the City’s website at www.cityofsolvang.com/City Council
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CITY MANAGERS REPORT
1. PUBLIC COMMUNICATIONS – WRITTEN OR VERBAL
At this time, please direct comments to the City Council regarding Consent Calendar Items or matters NOT on the agenda but within the jurisdiction of the Council. (Speakers are limited to three [3] minutes).
2. COUNCIL COMMENTS AND REQUESTS
Comments and requests from City Council Members. No action will be taken at this meeting.
3. CORRESPONDENCE RECEIVED BY CITY COUNCIL
4. CONSENT AGENDA a. Approval of Agenda as Presented b. Approval of Draft Minutes of the May 14, 2018 City Council Meeting c. Receive and File Sheriff’s Department report for April 2018 d. Agreement for Contract Services for FY 2018-19 through 2021-2022 between City of Solvang and Solvang Conference and Visitors Bureau Approve Contract with Solvang Conference and Visitors Bureau with a three-year term and Authorize the Mayor to execute
1 e. Update regarding Short Range Transit Plan Dial-A-Ride Recommendation Review and file staff recommendations regarding Santa Ynez Valley Transit (SYVT) Dial-A-Ride service f. Approve the proposed License Agreement to allow Hovering Tours, LLC to use City streets for a mini-Segway rental operation g. Adopt on Second Reading, by title only, Ordinance No. 18-____, an Ordinance of the City Council of the City of Solvang amending Title 5 of the Municipal Code to add comprehensive Cannabis Regulations h. Amendment to Professional Services Agreement for Building Fee Study Approve an amendment to the Agreement with MGT Consulting to allow a time extension for completion of the Building Fee Study i. Notice of Completion – Various Road Repairs & Concrete Work Accept the Various Road Repairs & Concrete Work project, PW 105, as complete, and direct the City Manager to execute and record the Notice of Completion j. Renewal of Segway Tours of Solvang – Adventures Out West License Agreement Approve the renewal of the Segway – Adventures Out West conveyance license for use of city streets for guided Segway tours
REGULAR AGENDA
5. AMBASSADOR CITY FOR GLOBAL KINDNESS CONSIDERATION Hear presentation, discuss and provide staff direction on pursuit of a World Kindness City designation.
6. 2019 AMGEN TOUR OF CALIFORNIA HOST CITY CONSIDERATION Discuss and provide direction on submitting a proposal to serve as a host city for 2019.
7. UPDATED CITY COUNCIL GOALS Review and discuss the final Goals/Visioning consultant report and the goals established during the prioritization exercise in the April public workshop, and provide direction to staff as to further review and refinement of Council Goals.
8. COUNCIL MEMBER REPORTS (Oral reports: Each Council Member will give oral reports on their activities in relation to the following committee or agencies. In addition, each member may report on items that will be included on the agenda for such committee or agency and seek guidance from the Council as a whole on such items, including on what position to take on behalf of the City)
• Santa Barbara County Association of Governments • Air Pollution Control Board • Joint Wastewater Committee • Chumash Tribe • Library Ad Hoc Committee • EMA Groundwater Sustainability Agency • CCWA/Water Ad Hoc Committee
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9. ADVANCE CALENDAR Informational Calendar – No Action.
10. CLOSED SESSION Government Code Section 54957.6–Conference with Labor Negotiators–Agency Representative, Designated Negotiator – Dave Fleishman, City Attorney –Employee Organization Teamsters Local 986
11. ADJOURNMENT
Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1644 Oak Street, Solvang, during regular business hours and on the City’s website www.cityofsolvang.com, in addition, any writings relating to an open session agenda item provided to a majority of the Council that is distributed within 72 hours of the meeting, after the posting of the agenda, will be identified and available separately at City Hall and may be posted to the website.
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of Administrative Services at 688-5575 or the California Relay Service. Notification 48 hours prior to the meeting would enable the City to make reasonable arrangements to ensure accessibility to this meeting.
3 4 Lisa Martin
From: Karen Waite Sent: Monday, May 21, 2018 10:45 AM To: Brad Vidro; Lisa Martin Subject: FW: sb 54
I received this email fyi
From: John Roney
Dear Solvang City Council
We the law abiding people of California along with Attorney General of the United States Jeff Sessions would like for you to join the list of growing cities that oppose the Un Constitutional pro illegal SB 54 by signing the amicus brief https://www.justice.gov/opa/pr/justice- department-files-preemption-lawsuit-against-state-california-stop-interference . These cities include Dana Point , Beaumont , also Orange County cities that have passed resolutions backing the lawsuit include Aliso Viejo, Fountain Valley, Huntington Beach, Los Alamitos, Newport Beach, Orange , San Juan Capistrano and San Diego County along with Loma Linda , Corona and many others soon to follow together we can make our state great again
Sincerely
John D. Roney
1 5
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MINUTES OF THE REGULAR MEETING OF THE SOLVANG CITY COUNCIL ______
Council Chambers May 14, 2018 1644 Oak Street Monday Solvang, CA 93463 6:30 pm ______
CALL TO ORDER: Mayor Richardson called the meeting to order at 6:30 p.m.
ROLL CALL:
PRESENT: Mayor Richardson, Council Members Jamieson, Toussaint, Waite, and Zimmerman
STAFF: Brad Vidro, City Manager; Dave Fleishman, City Attorney; Matt van der Linden, Public Works Director; Sandra Featherson, Administrative Services Director; Lisa S. Martin, City Clerk
PLEDGE OF ALLEGIANCE
CITY MANAGERS REPORT
Informational report only.
1. PUBLIC COMMUNICATIONS – WRITTEN OR VERBAL
Tracy Beard, Solvang Chamber Discussed E-Commerce and Economic Development Summit
Tracy Farhad, SCVB Tourism update
Susan Bott, Save Our Solvang Pleased to see the Annexation goal is off the list as a result of the Goal workshop and that only existing sphere of influence areas will be considered for annexation
Frank Peters, Bicycle Coalition Announced the Mayor’s Bikeride, a CycleMania event, at 12 noon on May 24, 2018 starting at City Hall
2. COUNCIL REQUESTS
Council Member Waite would like to see us pursue designation as a World Kindness City.
There is Council Consensus to bring back a Resolution of Support.
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Council Member Waite would like an agenda item regarding the parallel parking along Mission Drive to come back to Council for review.
There is Council Consensus to bring back the item at a future meeting.
Council Member Toussaint inquired as to when the goals from the public workshop would be agendized and discussed.
City Manager Vidro indicated they would be on the next Council agenda.
Council Member Zimmerman mentioned a storm drain issue at Third Street & Elverhoj and inquired whether the problem was scheduled to be corrected.
Public Works Director van der Linden responded that they are aware of that situation but are holding off until the Storm Drain Master Plan is completed and reviewed by Council.
3. CORRESPONDENCE RECEIVED BY COUNCIL
No discussion.
4. CONSENT AGENDA a. Approval of Agenda as Presented b. Approval of Draft Meeting Minutes of the April 23, 2018 Public Goals/Visioning Workshop and Regular City Council Meeting c. Approval of Warrant Register d. Receive and file Sheriff’s Department report for March 2018 e. Receive and file Summary of Public Records Act Requests Received f. Approve Amendment to Animal Control Services Contract Approve Amendment No. 6 to the Agreement between the County of Santa Barbara and the City of Solvang for Animal Control Services for Fiscal Years 2018-2020 g. Adopt Resolution No. 18-1047, approving and adopting the updated Roadrunner Management Services/Santa Ynez Valley Transit Federal Transit Administration (FTA) Zero Tolerance Drug & Alcohol Testing Policy h. Adopt Resolution No. 18-1048, designating the City Attorney as the designated Agency Representative for Labor Negotiations with Teamsters Local 986, Non-Represented Employees, and City Manager i. Adopt Resolution No. 18-1049, authorizing the City Manager to accept on City’s behalf all interests in Real Property
Motion to approve the Consent Agenda as presented by Council Member Toussaint, seconded by Council Member Jamieson, and carried with a roll call vote of 5-0.
REGULAR AGENDA
5. JOINT USE AGREEMENT BETWEEN THE SOLVANG SCHOOL DISTRICT AND THE CITY OF SOLVANG FOR USE OF PARKING LOT
Staff report by Brad Vidro, City Manager.
Mayor Richardson opened the item to public comment at 6:52 p.m. and, seeing none, closed the item.
8 Motion made by Council Member Jamieson to approve the agreement, seconded by Council Member Toussaint, and carried with a verbal response of 5 ayes.
6. FIRST READING OF ORDINANCE REGULATING ADULT USE AND MEDICAL MARIJUAN CULTIVATION, PROCESSING, AND TRANSPORT WITHIN THE CITY OF SOLVANG
Staff report by Dave Fleishman, City Attorney.
Council Member Waite asked for confirmation that the emergency ordinance expires September 26, 2018. Dave Fleishman affirmed the date.
Mayor Richardson opened the item to public comment at 6:55 p.m.
Tracy Beard, Solvang Chamber Indicated that at this time the Solvang Chamber of Commerce’s position on the issue is not to allow cannabis in Solvang
Mary Conway, Solvang Resident Alcohol is the number one drug of choice, but marijuana is right there behind it Alcohol is popular because it is easy access, now marijuana is just as easy State law is a little unclear, does not allow smoking in public places where it is unlawful to smoke tobacco Asks that the City put further restrictions on outdoor smoking of tobacco and cannabis
Dawn Dunn, Tobacco Prevention Coordinator, SB Public Health Show and tell of electronic smoking devices Please broaden your definition of tobacco and smoking to include electronic devices Solvang is the only jurisdiction other than Guadalupe that has not placed stronger regulations on outdoor smoking in public places
Nancy Emerson, Solvang Resident Researched the County cannabis ordinance Along all of the borders of Solvang indoor cultivation would be allowed There is also AG-II land on our borders which would allow both indoor and outdoor cultivation We are the valley’s medical center, so we might want to consult with the medical community to carefully craft medical marijuana regulations
Mayor Richardson closed the item to public comment at 7:10 p.m.
Council Member Waite stated that she has done a lot of research on the subject and does not feel ready to adopt an ordinance yet, especially relative to medical marijuana.
Council Member Toussaint would also like to give further consideration to medical uses.
Council Member Zimmerman discussed the perceived stigma on marijuana as unwarranted. Discussed the number of lives lost due to alcohol and tobacco versus the number of lives potentially enhanced by marijuana. It is the natural course of things for persons to decide whether they want to drink or smoke.
Mayor Richardson read the recommendations from the Planning Commission resolution, which included a ban on smoking in public; a ban on indoor cultivation by renters; and a permit requirement for legal, indoor cultivation. Mayor Richardson suggested that smoking be banned from all outdoor public places, and noted
9 that the Sheriff’s Department is in favor of a more restrictive ordinance. He mentioned the Paso Robles ordinance, which prohibits even the legal indoor cultivation allowed by the State.
He expressed concern about timing and the effective date of the ordinance as he does not want to have a period of time where nothing is in effect. The Council should approve this ordinance and amend it later, if necessary.
Council Member Toussaint inquired of the City Attorney what would happen if we went beyond the expiration date of the emergency ordinance.
City Attorney Fleishman answered that if a business has their State license and a jurisdiction does not have any regulations adopted, the business owner can set up a dispensary. Once this happens, they are harder to shut down.
There was discussion of another special meeting or workshop. Mayor Richardson suggested a special Council meeting, and Council Member Waite agreed noting she would like to see a higher level of public notification and more discussion at a future Council meeting.
City Manager Vidro added that the Council could adopt the commercial and adult use regulations and come back for further discussion of medical marijuana.
City Attorney Fleishman noted that smoking of marijuana in public is regulated by the Health & Safety Code, which states marijuana shall not be smoked in areas where it is unlawful to smoke tobacco products. There was discussion of the Solvang tobacco regulations and their lack of outdoor smoking regulations. Council Member Toussaint stated that he would like to see the tobacco/smoking ordinance be brought back to add further restrictions on outdoor smoking in public areas.
Motion made by Council Member Toussaint to approve the first reading of the ordinance and to bring back a discussion item and possible amendment regarding Medical Marijuana, and to review and amend the Tobacco/Smoking Ordinance, seconded by Council Member Waite, and carried with a roll call vote of 4-1 with Council Member Zimmerman voting No.
7. REQUEST FOR LICENSE AGREEMENT FOR HOVERING TOURS, LLC FOR USE OF CITY STREETS FOR SEGWAY RENTALS
Staff report by Brad Vidro, City Manager.
Presentation by Kevin Hall and Sean Einhorn, business owners. Demonstrated mini-Segway device and discussed concept of allowing clients to travel around Solvang without a guided route, and the monitoring that they will perform to ensure that the renters will not venture where they are not supposed to. They are proposing approximately 4 rentals per hour. Safety equipment is a helmet and knee and elbow pads.
Mayor Richardson opened the item to public comment at 8:34 p.m.
Tracy Beard, Solvang Chamber Liability concerns, she is not against it but sees the danger Doesn’t think the renters will follow an established route
Bob McCarthy, Segway Solvang Solvang gets unbelievably busy Even after the training, clients do not know what to do if something quick and dangerous happens such as a car backing out 10 Segway Tours of Solvang has gone two full years without an accident For safety reasons, it should be a guided tour
The item was closed to public comment at 8:40 p.m.
Council Member Toussaint inquired if a private citizen owned one of these devices, where could they ride it? City Manager Vidro responded that they are allowed on the public streets, but not on sidewalks within the TRC.
Council Member Waite would rather that it be a guided tour and asked for clarification of the monitoring of the users. The business owner stated that in addition to GPS monitoring, there will be monitors around town directing the renters to stay in allowed areas.
Mayor Richardson would like a trial period to see if there are any problems.
Discussion on business location, storage of the devices, and signage. The segways are required to be stored within the enclosed lease space of the business and may not be displayed outside of the business without the approval of a Conditional Use Permit approved by the Planning Commission. All commercial signage for the business or on the device shall be approved by the Board of Architectural Review.
Motion to approve the license upon review of the License Agreement for a one-year term made by Council Member Toussaint, seconded by Council Member Zimmerman, and carried with a roll call vote of 5-0.
8. COUNCIL MEMBER REPORTS (Oral reports: Each Council Member will give oral reports on their activities in relation to the following committee or agencies. In addition, each member may report on items that will be included on the agenda for such committee or agency and seek guidance from the Council as a whole on such items, including on what position to take on behalf of the City)
• Santa Barbara County Association of Governments • Air Pollution Control Board • Finance Committee • Joint Wastewater Committee • Chumash Tribe • Water Committee • League of California Cities • Indian Gaming Benefit Committee • California Joint Powers Insurance Authority • EMA Groundwater Sustainability Agency
Council Member Jamieson mentioned the letter to the City of Santa Barbara regarding library funding.
9. ADVANCE CALENDAR Informational Calendar – No Action.
10. CLOSED SESSION
Adjourned to Closed Session at 9:09 p.m.
No reportable action.
11. ADJOURNMENT: Mayor Richardson adjourned the City Council meeting at 11:07 p.m. 11 12 MEMORANDUM
Date: May 20, 2018
To: Solvang City Council
From: Senior Deputy Charlie Uhrig
Subject: Solvang Statistics and Activity Report for April
CC: Lt. Eddie Hsueh
This statistics report provides a general overview of law enforcement activity in the City of Solvang for the month of April. The report highlights and describes patterns of activity, significant felonies in the city, and noteworthy performances by deputies assigned to the Solvang station. Burglary: There were 4 burglary’s reported in Solvang during the month of April. On 04-14-18 (case 18-5213), multiple deputies responded to a burglary in progress call in the 300 block of Second Street. The reporting party was able to give detailed information and suspect descriptions to our Dispatchers, which enabled law enforcement to stop the vehicle in Buellton. The three suspects were arrested for felony burglary, and various other felony charges. The three suspects had in their possession the victims’ property, including firearms. The local CHP assisted in the felony stop of the three suspects’ in Buellton. The case is closed with the arrest of the three suspects. On 04-20-18 (case 18-5494), Solvang Patrol responded to a report of burglary in the 1900 block of Old Mission Drive. The victim/reporting party told the deputy that unknown suspect(s) cut padlocks to a construction fence and stole about 300’ of copper wire, valued at over $2100. Deputies conducted a check of the area and there were no witnesses to the burglary. The case is closed pending further leads. On 04-23-18, at 0858 hours, Solvang Patrol responded to the 1900 block of Old Mission Drive for a report of burglary. The victim/reporting party told the deputy the unknown
13 suspect(s) forced their way into a secured electrical room, and unscrewed three-31’ sections of copper wire. The loss value is over $800. Deputies again conducted a check of the area, but did not locate any witnesses to the burglary. Photos of shoe impressions, and a tool used to detach the wires, were submitted to Forensics for review. The case is closed pending further leads. On 04-25-18 (case 18-5751), multiple deputies responded to the 2000 block of Mission Drive to a report of an in progress burglary. Upon arrival, deputies noticed broken glass at the front entry door, and shattered glass cases inside of the business. The deputies cleared the building, but were unable to locate any suspects. The reporting party was contacted, and he was able to give deputies the contact information of the business owners. The owners were contacted, responded to the scene, and were able to determine the actual property taken in the burglary. The business was equipped with surveillance video. After reviewing the video, it was determined one unknown suspect committed the burglary. Patrol deputies will conduct follow up. The case is pending further leads. Other Significant Activity: During the month of April, deputies conducted 51 traffic stops, which resulted in 21 citations written for various offenses, including 2 DUI’s, 6 equipment violations, and 12 moving violations. Deputies responded to four-911 Follow-up calls, 15 Alarm calls and 6 Check the Welfare calls. There were nine traffic related investigations during the month of April, and one coroner case reported in Solvang. Solvang residents used the new online reporting system to file one report for April.
On 04-19-18 (case 18-5453, Solvang Patrol responded to the 600 block of Alamo Pintado to a report of suspicious activity in the creek bed. Upon arrival, deputies contacted the reporting party who stated the following: He had observed two people who were in a vehicle in the parking lot. He stated the subjects had parked in the same parking lot the day prior and had been seen defecating in the creek bed. The reporting party said it was a private parking lot, and he wanted to have the subjects contacted and told they were not to come back or face prosecution for trespassing. The deputies contacted the two occupants, and after further investigation, the male was found in possession of illegal narcotics and identification of others, not himself. The deputies arrested the suspect for felony possession of narcotics, as well as possession of stolen property and the warrant. Deputies booked and transported him to County Jail.
On 04-26-18 (case 18-5887), Solvang Patrol responded to the area of Third and Sycamore to a report of suspicious subject inside a vehicle. The vehicle and occupant was located and contacted. During the contact and subsequent investigation, the deputy learned the subject had an outstanding felony warrant from Ventura County. Deputies arrested the suspect for the felony warrant, without incident, transported and booked him at County Jail.
14 Murder:
There were no murders reported in Solvang for the month of April.
Rape: There were no rapes reported in Solvang in the month of April. Robbery: There were no robberies reported in Solvang during the month of April.
Domestic Assault/Assault: There were no cases of felony domestic violence/assault reported in Solvang for the month of April. However, there were 5 cases of misdemeanor assault/domestic violence for the month of April. Grand Theft: There were no grand thefts reported in Solvang during the month of April. Auto Theft There was no thefts of an auto reported in Solvang during the month of April. Misdemeanors/Thefts: There was one petty theft and one vandalism reported during the month of April. Arrests: During the month of April, deputies made 7 misdemeanor arrests and 3 felony arrests. See felony arrests in the significant activity section. These arrest totals included the following types of Misdemeanor arrests: two for DUI, none for Public Intoxication, and one for Narcotics.
15 Monthly Activity Report for April This is the April end of the month report from the Solvang Community Resource Deputy. It highlights all the activities, meetings, and presentations by the Community Resource Deputy for the month of April. I took an extended vacation in April, hence the lack of activity.
MEETINGS:
On April 2, I met with Mission staff and Rotary members to discuss the upcoming Fireworks show for Independence Day.
On April 3, I met with Jason from WCHM, and their new traffic coordinator, James, to discuss the additional traffic plans for the upcoming Half Marathon in May.
On April 25, I met with the new security coordinator for the Rancheros Visitadores parade. PRESENTATIONS:
I gave no presentations in the month of April.
ACTIVITIES:
On April 26, I transported the Community Response Vehicle (CRV) to the Santa Maria Sheriff station for a special security detail.
On April 27, I worked the Valley-wide Dance at the Vets Hall. We had over 350 kids and no incidents to report.
On April 30, I set up the traffic message board for the upcoming Rancheros Visitadores parade.
16 CITY OF SOLVANG STATISTICS 2017 ACTIVITY JANFEBMARAPRMAYJUN JUL AUGSEPOCTNOVDEC YTD Total Log Entries 337 341 358 396 448 376 433 429 415 353 305 304 4495 OAI Reports 59 45 46 50 49 53 53 61 66 47 39 50 618 Trfc Invest. 11 6 6 16 8 4 10 12 15 14 5 10 117 Coroner 110010000011 5 Burglaries 312045113112 24 Attempts 000000000100 1 Residential 111013112000 11 Vehicle 100010001000 3 Commercial 100022000212 10 Other 001000000000 1 Felonies 6 7 3 2 2 2 4 4 10 6 3 3 52 Murder 000000000000 0 Rape 100000000000 1 Robbery 000000000101 2 Assault 220001201000 8 Grand Theft 240010026111 18 Auto Theft 000001010010 3 Other 113210213411 20 Misd./Thefts 621649567485 63 Arrests 8 13 16 14 10 7 14 6 16 12 8 10 134 Misd. 5 10 12 13 9 5 10 6 11 7 7 9 104 Felony 334112405511 30 DUI 133524320322 30 Public Intox. 013211336221 25 Narcotic 212120302332 21 Citations 14 13 7 27 19 32 25 28 22 15 48 33 283 Moving 1 1 2 13 10 20 10 5 5 2 9 23 101 Equipment 131774476652 53 Other 12 9 4 6 1 5 1 2 6 5 6 7 64 Parking 0 0 0 1 1 3 10 12 5 2 28 1 63 Viborg Rd. 00001082213 18 35 Skate Park 000000000000 0
17 CITY OF SOLVANG STATISTICS 2018 ACTIVITY JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Total Log Entries 284 289 292 289 1154 OAI Reports 59 36 40 32 167 Trfc Invest. 11 6 5 9 31 Coroner 1 1 0 1 3 Burglaries 1 0 0 4 5 Attempts 0 0 0 0 0 Residential 0 0 0 1 1 Vehicle 0 0 0 0 0 Commercial 1 0 0 3 4 Other 0 0 0 0 0 Felonies 5 1 3 2 11 Murder 0 0 0 0 0 Rape 0 0 0 0 0 Robbery 0 0 0 0 0 Assault 2 0 0 0 2 Grand Theft 3 0 0 0 3 Auto Theft 0 0 0 0 0 Other 0 1 3 2 6 Misd./Thefts 6 3 7 2 18 Arrests 9 4 7 10 30 Misd. 6 3 5 7 21 Felony 3 1 2 3 9 DUI 1 1 2 2 6 Public Intox. 1 1 3 0 5 Narcotic 3 0 0 1 4 Citations 20 16 14 21 71 Moving 4 3 2 14 23 Equipment 0 3 4 6 13 Other 5 1 8 1 15 Parking 11 9 0 0 20 Viborg Rd. 0 1 0 1 2 Skate Park 0 0 2 0 2
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CITY COUNCIL STAFF REPORT/CONSENT AGENDA
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Brad Vidro, City Manager
MEETING DATE: May 29, 2018
DATE PREPARED: May 11, 2018
SUBJECT: AGREEMENT FOR CONTRACT SERVICES BETWEEN CITY OF SOLVANG AND SOLVANG CONFERENCE & VISITORS BUREAU
I. RECOMMENDATION:
Approve contract with Solvang Conference & Visitor’s Bureau with a three (3) year term, and authorize the Mayor to execute.
II. DISCUSSION:
The City currently has a contract with the Solvang Conference and Visitors Bureau (SCVB) that will expire on June 30, 2018. It is a multi-year contract with the funding of the contract done annually with the adoption of the City’s budget. Staff has provided the attached agreement which would renew the relationship between the City and the SCVB for another three years.
Staff is recommending approval of the contract and continues to recommend one year funding commitments through the annual budget process.
III. ALTERNATIVES:
The City Council could make changes to the agreement based on alternative expectations of promotion services.
19 IV. FISCAL IMPACT:
The fiscal year 2017-18 budget includes $760,000 in funding for the Solvang Conference and Visitors Bureau.
V. ATTACHMENT:
• Contract
20 FY 2018-2019 Through FY 2021-2022 AGREEMENT FOR CONTRACT SERVICES
This Agreement for Contract Services is made and effective this 29th day of May 2018, by and between THE CITY OF SOLVANG, a municipal corporation (hereinafter referred to as "City") and the SOLVANG CONFERENCE AND VISITORS BUREAU, a California nonprofit corporation (hereinafter referred to as "Bureau") in consideration of the mutual promises made herein, as follows:
RECITALS:
A. City desires Bureau to provide services designed to advertise and promote the interests of the City of Solvang and its citizens by methods, which, in judgment of the Bureau, will be of the greatest benefit to the people of the City.
B. Bureau is willing to undertake the services hereinafter set forth on behalf of the City for the purposes of promoting tourism and travel to the City of Solvang.
NOW, THEREFORE, in consideration of the mutual promises and agreements of the parties hereto, it is hereby agreed by and between the parties as follows:
1. Term: The term of this Agreement shall be for three years, from July 1, 2018 to June 30, 2021. This agreement may be extended upon mutual agreement of the parties, upon such terms and conditions as may be agreed upon by the parties.
2. Funding: In consideration of the services enumerated in paragraph 3 below, the City shall pay to Bureau the amount allocated by the Solvang City Council in the annual budget process for each fiscal year of the agreement. Each fiscal year the SCVB shall submit an annual budget, showing all their available funding and associated expenses, to City for approval. Payment shall be made to SCVB not less than quarterly based upon the approved budget. All such funds shall be expended by the Bureau for services only as enumerated in paragraph 4 and the approved budget. A monthly expense report shall be provided to the City by SCVB on a regular basis. On or about the 10th of each month a City representative shall perform a review of the previous month’s transactions. This review will require that invoices in support of expenses be available for verification. Additionally, copies of all current year contracts shall be made available to City staff. This contract does not provide for any general fund expenditures in year two, those expenditures being the right of future city council’s to decide.
3. Relationship: City retains Bureau solely on an "independent contractor" basis, and not as an "employee" of City. As such, Bureau will determine the method, details, and means of performing the above-described services. Bureau shall employ and pay such personnel, as the Bureau deems necessary to perform the services required of Bureau by this Agreement. City may not control, direct, or supervise Bureau's
21 employees in the performance of those services. Under no circumstances shall employees of Bureau be deemed employees of City.
4. Services Provided: The Bureau hereby agrees to provide the following services to the City of Solvang: a. To maintain such working hours and services, to provide suitable quarters and to employ competent personnel as are necessary to carry on the services and promotional activities enumerated in this paragraph. b. To promote and invite trade and business meetings, celebrations and conferences whereby businesses and individuals from outside the City may become acquainted with the advantages and opportunities available in the City. c. To encourage Citywide celebrations as are determined by the Bureau and the City Council to be of promotional benefit to the City. At the time of this Agreement Bureau conducts two City- wide celebrations, i.e. Julefest and A Taste of Solvang, which Bureau shall continue to conduct during the term of this Agreement. City shall consider the feasibility and funding for other promotional events not currently conducted by bureau on a case-by-case basis. d. To continue to operate a Conference and Visitors Bureau for the specific purpose to promote Solvang as a tourist center and destination. The Bureau shall pursue such purpose by conducting promotional activities, including but not limited to brochure preparation and dissemination, advertising, and encouragement of festivals and events, to motivate members of the general public to visit, shop and stay in Solvang as tourists. e. To cooperate with the City to utilize facilities within the City to the fullest extent feasible. f. To promptly answer all correspondence relative to conference and visitor facilities in the City of Solvang, and disseminate information by correspondence, newspaper and other media, and personal contacts favorably advertising such advantages and opportunities. g. To prepare articles and news stories, compile data, gather and assemble news items, photographs, printed materials and brochures descriptive of the City's resources whereby businesses and individuals outside of Solvang may be encouraged to visit the City. h. To review the facilities and services, both public and private, in the City of Solvang necessary to support conference and visitor's activities and to advise the City of problems and needed improvements for support of conference and visitor activities. i. To generally promote conference and visitor activities that will bring additional revenue to the City and to businesses within the City. j. To provide visitor information services, to benefit visitors to the City, in all of the SCVB operated visitor centers. k. To furnish to the City Council for its review an annual budget by line-item detail of the proposed expenditures by the Bureau, and to furnish to the City Council not less than biannually written reports on funds expended by
22 Bureau in fulfillment of this Agreement. Such reports shall include the activities undertaken by the Bureau during such quarter, funds expended, total weekly and monthly hours of operation of the Copenhagen Drive Center and all other visitor centers operated by the SCVB. Correspondence received by the Bureau regarding such activities, responses to such correspondence, all visitor statistical information gathered, a summary log detailing numbers of telephone inquiries and responses, and such other information as may from time to time be deemed necessary by the City Council. l. The SCVB is to provide written goals and objectives at the beginning of the contract year and report to the City Council on a biannually basis the achievement of these goals and objectives. m. The Bureau shall continue an evaluation program to determine effectiveness of advertising and promotional activities. The program shall include parameters that will result in verifiable statistics indicating the level of success resulting from the Bureau’s activities. n. Source of Funding: The source of general fund revenue the City contemplates using to fund this Agreement is that provided for in Municipal Code, Section 3.20 (Transients). At its election, the City may withhold any payments otherwise required by paragraph I herein or may immediately terminate this Agreement -if a lawsuit is filed against the City challenging the validity of Municipal Code, Section 3.20, or should other factors beyond the control of City result in budgetary shortfalls that would threaten the provision of legally required services to Solvang residents. Notwithstanding the foregoing sentence, the City shall pay to the Bureau, up to the maximum amount set forth in the annual budget, such funds as are necessary to cover all expenditures made or liabilities incurred by the Bureau pursuant to its obligations under this Agreement prior to receiving written notice from the City of its election to withhold payments or terminate this agreement.
5. Standards: Bureau understands City’s obligations to legally and adequately account for the expenditure of all public money. As further consideration for the promises made by City herein, Bureau agrees to follow generally accepted accounting principles (GAAP) and to provide safeguards concerning public funds: a. Bureau shall follow its by-laws, and instead of having staff perform all functions, the Secretary of the Board of Directors of Bureau shall be responsible for review of the minutes and records and the Treasurer shall be responsible for review of all financial reports. b. There will be two signatures required for all checks in excess of $1,000.00. c. Any monies received from Advertising Boards at the Visitor Center(s) shall be considered public funds and accounted for as such. d. No public funds shall be accumulated to be used for any private purpose or to be used for any purpose not authorized by a City approved budget. e. SCVB is considered a component unit of the City of Solvang and therefore subject to an annual audit performed by the City of Solvang’s Auditor. The City shall provide thirty days notice of the week that the City audit will
23 occur. If at any time the annual audit of the Bureau’s records is unable to be completed in timely manner, due to reasons that relate to inadequate record keeping by the Bureau or unavailability of staff, it shall become the financial responsibility of the Bureau to rehire the City’s auditor to return for the audit at their own expense. f. City acknowledges that Bureau "hospitality" expenses include, but are not limited to, the purchase or in-kind receivership of dining and alcohol, accommodations, tour guides and services, sporting activities, event tickets, collateral and other gift items as part of the Bureau public relations program that promotes Solvang and the Santa Ynez Valley as a destination to the travel trade industry. g. Bureau shall maintain a reserve target of 10% of its current year’s budget. h. All funds received and derived from City funding shall be considered as public.
6. Board of Directors Meetings: All minutes and other documents related to Bureau Board of Directors meetings shall be available to the public and a copy of which shall be provided to the City Clerk. All meetings of the Bureau Board of Directors shall be preceded, not less than 72 hours before the beginning of the meeting, by a written agenda containing a brief description of matters to be considered and potential action to be taken. Such agenda shall be posted at City Hall, and at such other locations as may be determined from time to time by the City Council.
7. Termination: This Agreement may be terminated by the City as a result of the Bureau's failure to comply with its obligations under the Agreement. Prior to giving Bureau notice of termination, City shall give to Bureau written notice of default specifying the nature of the default, demanding cure thereof within ten (10) days. In the case of defaults not capable of being cured within said ten (10) day period due to factors beyond the control of either the Bureau or the City, the Notice of Default shall request the Bureau to take and continue action to cure such default with all reasonable diligence until the same is cured, but not for more than twenty (20) days from such notice. In the event the default is cured within the time provided in the Notice of Default, then no notice of termination shall be given by the City to the Bureau. In the event any default specified in the notice from the City is not cured within the time provided thereof, then City may immediately terminate this Agreement by written notice to Bureau. City may also terminate this Agreement, without cause, upon thirty (30) days written notice. Any funds in the possession of Bureau that were provided by City pursuant to Paragraph 2 which have not been contractually committed by Bureau at the time of its receipt of written notice of termination from City shall be returned by the Bureau to the City within ten (10) days following receipt of the notice of termination.
8. Indemnification: Bureau agrees to defend, indemnify and hold harmless the City, its elective officials, officers, employees and agents for claims, liability, losses, costs and damages, (including without limitation, attorneys' fees and court costs) of
24 any type whatsoever due or claimed to be due arising out of Bureau's performance of this Agreement.
9. Insurance: Bureau shall, throughout the term of the Agreement and any subsequent extensions, maintain liability insurance in the amount of $1,000,000.00, and such insurance policy shall name City as additional insured Bureau shall also maintain all other legally required form of insurance, including but not limited to workers' compensation insurance. All policies of insurance maintained by the Bureau shall extend coverage to the City as an additional insured Bureau shall furnish to the City certificates of insurance confirming that such insurance is in full force and effect and Bureau shall notify City at least thirty (30) days prior to cancellation, termination or modification of such insurance.
10. Legal Notices: All written notices and demands of any kind which either party may be required or may desire to serve upon the other in connection with the Agreement may be served either personally, by registered or certified mail, or by first class mail, postage prepaid addressed as follows:
To City: City Manager, To Bureau: Executive Director City of Solvang, Solvang Conf. & Visitors Bureau 1644 Oak Street P.O. Box 70 Solvang, CA 93464 Solvang, California 93464
11. Enforcement: If any provision of this Agreement, or its application to any person, place, or circumstance, is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, such provision shall be enforced to the greatest extent permitted by law, and the remainder of this Agreement and such provision as applied to other persons, places, and circumstances shall remain in full force and effect. No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under this Agreement preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.
12. Binding Agreement: This Agreement shall be binding upon each of the parties and upon their heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of the parties and each of them, and to their heirs, administrators, representatives, executors, successors, and assigns.
13. California Law: This Agreement and the rights and obligations of the parties set forth herein shall be governed by, construed and interpreted in accordance with the laws of the State of California. The prevailing party in any action filed arising out of the terms of this agreement or any alleged violation thereof shall be entitled to recover that party's reasonable attorneys fees and costs incurred in such an action.
25 14. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior agreement, policy, practice or understanding between the parties, written or oral. The terms of this Agreement may not be modified, except by a writing signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day and year first above indicated.
City of Solvang Solvang Conference and Visitors Bureau
By: Jim Richardson Mayor By: Chairman
Approved as to Form:
By: Dave Fleishman City Attorney
26
CITY COUNCIL STAFF REPORT/CONSENT AGENDA
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Matt van der Linden, Public Works Director/City Engineer
MEETING DATE: May 29, 2018
DATE PREPARED: May 18, 2018
SUBJECT: UPDATE REGARDING SHORT RANGE TRANSIT PLAN DIAL- A-RIDE RECOMMENDATION
I. RECOMMENDATION:
Review and file staff recommendations regarding Santa Ynez Valley Transit (SYVT) Dial-A-Ride service.
II. BACKGROUND:
Potential Dial-A-Ride service delivery alternatives were researched as part of the 2017 Short Range Transit Plan (SRTP) Update in an attempt to identify opportunities for cost reduction. Dial-A-Ride service is twice as expensive to provide as fixed-route service and comprises approximately one-third of SYVT’s annual operating cost. At its October 9, 2017, meeting, the City Council considered two blended service change scenarios which paired a fixed-route scenario with a Dial-A-Ride scenario. Ultimately, the City Council adopted Option 1B, which would provide express service between Buellton, Solvang, and Santa Ynez and limited service to Los Olivos, and would provide demand- response service to seniors through a contract with local taxi providers, Lyft, or Uber. The fixed-route portion of Option 1B was implemented in January 2018.
III. DISCUSSION:
In further exploring the Dial-A-Ride portion of Option 1B, the status quo and three alternative service options were evaluated to determine whether altering SYVT’s Dial-A-Ride service methodology would be cost-effective while
27 maintaining service quality. The three alternatives were: 1) taxi program, 2) Transportation Network Company (TNC) program, and 3) a program combining both modes. Challenges included the limited quantity of potential service providers in the Santa Ynez Valley as well as the administrative costs which would have to be borne by the City. Any alternatives would still require SYVT to provide customer service support and potentially book trips on behalf of customers. The City would also handle billing, performance monitoring, and communications with the contractor. These factors impact the City’s ability to quickly implement any type of alternative service option.
Staff recommends the City maintain the status quo with respect to its Dial-A-Ride service for the next three fiscal years. During that time, the City will evaluate how the alternative program would be handled administratively and conduct follow-up research to determine if qualified third-party providers exist. Should the program be deemed feasible, the balance of that time would be used to prepare a request for proposals for a service provider, begin marketing the new service, and conduct travel training with existing customers to facilitate a smooth transition.
IV. ALTERNATIVES:
Rather than accepting staff’s recommendation, the City Council could choose to instruct staff to not move forward with further evaluation and maintain the status quo indefinitely.
V. FISCAL IMPACT:
Continuation of the existing Dial-A-Ride service poses no direct fiscal impact to the City.
VI. ATTACHMENTS:
A. Memo regarding Santa Ynez Valley Transit Dial-A-Ride Options and Recommendations
28 28159 avenue stanford, suite 110 valencia, ca 91355
888.743.5977 : p 661.253.1208 : f www.moore-associates.net
memo
Matt van der Linden, to: from: Kathy Chambers Public Works Director, City of Solvang
SYVT: Dial-A-Ride Options and re: date: April 25, 2018 Recommendations
This memo presents Moore & Associates’ summary assessment regarding potential Dial-A-Ride (DAR) service options as detailed in the 2017 Short Range Transit Plan (SRTP) Update.
SYVT’s DAR service is provided alongside the fixed-route service as the City’s ADA complementary paratransit service. It is eligibility-based, available to persons with disabilities as well as seniors. The eligibility-based DAR service operates Monday through Saturday. General public DAR service is provided on Sunday. Currently, fewer than 30 percent of DAR users are ADA certified; 70 percent are seniors and do not require a wheelchair or scooter.
Presented below is a discussion of various service strategies as well as their relative merits and challenges. The assessment compares the existing senior DAR (status quo), replacing senior DAR with taxis, replacing senior DAR with Transportation Network Companies (TNCs) (e.g., Uber and/or Lyft), and replacing senior DAR with a mix of modes. Lastly, Exhibit 1 directly compares each service option relative to several evaluation criteria.
Current DAR service (status quo) SYVT is required by federal law to provide ADA DAR service during the same operating hours as its fixed- route service. In addition, SYVT provides general public DAR service on Sunday when the fixed-route service does not operate. Curb-to-curb service is provided up to ¾ mile from each SYVT fixed route. All vehicles are ADA accessible, and drivers are trained to assist customers who use a mobility device or may require boarding assistance.
Ride reservations are accepted up to one week and no less than the day prior to the requested trip, although same-day requests are accepted on a space-available basis. The base one-way fare is $1.75 for seniors and persons with disabilities, while the general public one-way fare is $2.25. (Note: The ADA
29 fare cannot be greater than twice the general public fixed-route fare.) Multi-ride passes are also available. Trips are reserved via SYVT’s customer service phone line, and all complaints or comments go directly to SYVT as well.
Based on FY 2017/18 year-to-date reporting (through February 2018), the cost to provide DAR service was $22.91 per ride. This is twice as much as the fixed-route cost per ride of $11.32. DAR service comprises approximately one-third of the annual operating cost. While DAR service is inherently more expensive than fixed-route, one of the recommendations of the recent Short Range Transit Plan (SRTP) was to look for ways to reduce costs related to DAR, since it is the most expensive service to provide.
Proposed strategies were included under Scenario 11 in the SRTP, which looked at providing eligibility- based non-ADA DAR service through another entity. (Note: This discussion does not apply to the general public DAR operated on Sunday.) By transferring provision of non-ADA DAR to a taxi or TNC program, SYVT would be able to retain control over its ADA service and continue to utilize paratransit funds, while reducing the cost per trip for senior trips. A review of each these options is provided below.
Provide non-ADA DAR with another entity (taxi) In this scenario, non-ADA DAR trips would be provided through a contract with a local taxi company. Reservations would be scheduled on an as-needed basis directly with the taxi operator. A contract between the City and the taxi operator would establish service parameters such as hours of service, response time, payment, and eligibility. It would be up to the City to provide the following support for such a service:
Contract with the taxi operator; Determine eligibility process for the program (this could be through a scrip system, a voucher system, a senior identification card, or by having the driver verify proof of age); Establish a process for customer fare payment (whether cash payment with a voucher or use of scrip) and billing by the taxi provider; Establish reporting guidelines for the taxi operator; and Provide customer support and training to use the service.
The City’s transit contractor would no longer dispatch non-ADA DAR trips, but would continue to be responsible for ADA trips. Seniors who are also disabled may be eligible for ADA DAR if they meet the certification requirements. This could mitigate concerns regarding a lack of availability of ADA accessible taxi vehicles.
Given the cost per ride would likely decrease for non-ADA trips (as the City would only need to pay for the actual trip being provided), this is a service alternative option that should be considered. In addition, the City would be able to utilize its paratransit funds for the provision of ADA DAR and senior taxi trips. However, there are several additional considerations which would affect the viability of this service alternative:
Availability of a locally based qualified taxi provider with the capacity for the proposed service, Additional administrative time required to prepare vouchers or scrip, Additional administrative time required to process monthly invoices from taxi provider, Additional administrative time required to manage contractor relationship and monitor service quality,
30 Provision of senior trips by SYVT should the trip be denied (due to capacity or otherwise) by the taxi provider, and Potential renegotiation of the City’s fixed-route/ADA DAR contract due to dropping below the 20 percent threshold for vehicle service hours (which would likely result in a higher per-hour cost with Roadrunner).
Provide non-ADA DAR with another entity (TNC) In this scenario, non-ADA DAR trips would be provided through a contract with a Transportation Network Company (TNC) such as Uber or Lyft. Reservations could be scheduled on an as-needed basis directly with the TNC. A contract similar to that needed for a taxi provider would be established with the TNC, and many of the same City responsibilities would apply. However, there are two key considerations specific to TNCs that would need to be addressed:
Reservations – Typically, TNC ride requests are placed using a smartphone. It is very likely many of SYVT’s existing senior riders do not have smartphones, or are not comfortable or confident in using them to make their trip reservations. Payment – Typically, TNCs accept only electronic payment. Given a significant percentage of DAR riders pay cash, this could present a problem, especially when combined with a need for a smartphone. Electronic payment would also require a senior to have a credit or debit card linked to their account.
One solution to these challenges would be for SYVT to essentially serve as a trip broker for senior trips using TNCs. Customers would call SYVT to place their ride request, and the SYVT dispatcher would then contact the TNC on their behalf to schedule the ride. Payment would be made by SYVT, and customers would either have credit card on file with the City or be billed on account. This way the TNC would not have any of the customer’s financial information. Several senior services have successfully implemented such programs, including Jewish Family Service in San Diego.
Having SYVT manage the trip booking process would give SYVT more control over program service parameters. Eligibility could be verified when the trip is booked, and reservations could be limited to travel only within the established service hours (which would be difficult to enforce with direct reservations to individual TNC drivers). In addition, the trip reservation process would remain largely the same as it is now from the customer’s perspective. It would, however, require a dispatcher to be readily available during all service hours, requiring a significant increase in staffing for SYVT.
While the cost per ride will likely decrease for non-ADA trips (as the City would only need to pay the cost of the actual trip being provided), any advantage is likely to be offset by the significant increase in administrative requirements for the program. Not only would an additional dispatcher likely be required to book TNC trips, but the City’s Finance department would also need to manage customer accounts (if the City decided to implement such a payment program). There may also be a need to invest in additional technology to communicate with the TNC’s dispatch system. In addition, as with the proposed taxi program, introduction of such as program is likely to trigger a potential renegotiation of fixed-route/ADA DAR contract due to dropping below the 20 percent threshold for vehicle service hours (which would likely result in a higher per-hour cost with Roadrunner).
Provide non-ADA DAR through multiple entities (taxi and TNC) Given the concern regarding availability of sufficient taxi and TNC capacity, it is reasonable to consider a multi-modal program that provides non-ADA trips under any available means. Seniors would be able to
31 book a trip via taxi or TNC. However, this would incur all of the administrative responsibilities of both of the options discussed above, which would erode any cost savings. In addition, seniors would likely have two different processes for booking trips, which would be confusing and is anticipated to result in significant pushback from customers. Therefore, this option is not recommended.
Exhibit 1 Comparison of Service Options by Evaluation Criteria
Evaluation criteria Current Taxi TNC Blended DAR Same level of administrative requirements ADA compliant SYVT requires fewer vehicles for DAR service Direct trips (not shared-ride) Consistent and sufficient supply during service hours ? ? ? Drivers are trained Drivers have thorough background checks / Drivers are legally employees ? ?/ Low turnover rate for drivers / Driver cannot simply refuse passengers / Accepts cash payments / Direct telephone service request by customer* Prices are regulated Does not need investment in new technology
Criteria/option available Criteria/option not available ? Status unknown
*Requires access to smartphone and electronic payment.
Recommendations Given the summary of each option provided above, we recommend the following approaches.
Short-term (through June 30, 2021/duration of existing transit contract):
SYVT should continue to provide Dial-A-Ride service as it is currently offered (status quo). The City should begin exploring how a third-party contractor for senior trips (whether taxi or TNC) would be handled administratively. We recommend development of an implementation plan for a third-party provider be completed well before the City issues a request for proposals. Development of this implementation plan will determine whether the City considers the senior ride program feasible and cost-effective to implement. Assuming the City considers it feasible to implement the senior ride program: Six to nine months prior to end of the Roadrunner contract, direct Moore & Associates to conduct follow-up research of qualified third-party providers. Assess the cost-effectiveness of replacing the current general public Dial-A-Ride component with an alternate service delivery. Assuming qualified third-party providers are available, issue a request for proposals to provide the senior ride service four to six month prior to the anticipated launch date.
32 Two to three months before the service launches, begin marketing the service and conducting travel training with existing customers to facilitate a smooth transition. Based on the last two fiscal year ridership totals, as well as the rider profile included in the most recent SRTP update, we estimate that an increase of 25 cents in the Dial-A-Ride base fare could generate up to $1,500 annually. Conversely, we believe this increase could cause a number of regular Dial-A-Ride users to forego use of the service. We do not believe that the modest potential increase in revenue offsets the likely negative response from the target population.
Long-term (beginning July 1, 2021):
If a qualified and responsive third-party contractor can be identified, launch a senior ride program using taxis or TNCs. Seek to re-establish joint transit service procurement with either the City of Lompoc or other transit entity in the North County.
33
34
CITY COUNCIL STAFF REPORT
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Holly Owen, AICP, Director Planning & Economic Development
MEETING DATE: May 29, 2018
DATE PREPARED: May 17, 2018
SUBJECT: LICENSE AGREEMENT FOR USE OF CITY STREETS – HOVERING TOURS, LLC
I. RECOMMENDATION:
Review and approve the proposed license to allow Hovering Tours, LLC to use City streets for a Segway rental operation.
II. DISCUSSION:
At the May 14, 2018 City Council meeting, the Council reviewed the application of Hovering Tours, LLC, to use City streets for a Segway rental operation. The City Council approved the application upon review of the license agreement.
The applicants propose to offer visitors Segway rentals in the City of Solvang. The address for the business is 446 Alisal Road, Suite 18. This location will store six Segway Mini Pros. Customers will be on self-guided tours for this license.
Any proposed signage or advertising will require Board of Architectural review and approval prior to use. As with other conveyance licenses, liability insurance is required and has been obtained in the amount of $1,000,000 per occurrence in anticipation of operating this business. Visual images of the vehicles are included as Attachment C.
35
A draft license and a proposed route map is attached for Council’s review.
III. ALTERNATIVES:
Council could modify or deny the license.
IV. FISCAL IMPACT:
The draft license includes fees similar to the Horse Drawn Conveyance license which are $150 for the initial agreement and $75 for renewals.
V. ATTACHMENTS:
A. Draft License B. Route Map C. Photos
36 37 38 39 40 41 42
CITY COUNCIL STAFF REPORT/CONSENT AGENDA
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Dave Fleishman, City Attorney
MEETING DATE: May 29, 2018
DATE PREPARED: May 21, 2018
SUBJECT: Adoption on second reading by title only of an ordinance amending the Solvang Municipal Code to add Chapter 4 (Comprehensive Cannabis Regulations) to Title 5 – Public Health & Safety
I. RECOMMENDATION:
The City Attorney recommends that the City Council adopt on second reading, by title only, Ordinance No. 18-____, approving comprehensive cannabis regulations.
II. DISCUSSION:
At its May 14, 2018 meeting, the City Council introduced for first reading an ordinance establishing comprehensive cannabis regulations. The ordinance is returning to Council for a second reading and adoption.
III. ALTERNATIVES:
The City Council may also elect to make further changes to the draft ordinance, which would make it another first reading.
IV. FISCAL IMPACT:
Possible enforcement costs for illegally established marijuana cultivation sites and dispensaries should the ordinance be adopted.
V. ATTACHMENT:
• Draft Ordinance
43
44 ORDINANCE NO. 18-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, AMENDING THE SOLVANG MUNICIPAL CODE TO ADD CHAPTER 4 (COMPREHENSIVE CANNABIS REGULATIONS) TO TITLE 5 - PUBLIC HEALTH & SAFETY
WHEREAS, the City Council of the City of Solvang seeks to provide a clear and compliant process for establishing regulations for adult use and medical marijuana while protecting the health, safety, and welfare of the people of Solvang; and
WHEREAS, it is the goal and the responsibility of the City of Solvang to comply with any and all legislation, both State and Federal, regarding adult use and medical marijuana.
NOW, THEREFORE, THE PEOPLE OF THE CHARTERED CITY OF SOLVANG DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5-4 of the Solvang Municipal Code is hereby added to read as follows:
CHAPTER 5-4 CANNABIS REGULATIONS
Section 5-4-1. Purpose and Intent. The purpose and intent of this Chapter is to comprehensively regulate cannabis within the City of Solvang, as authorized by State law.
Section 5-4-2. Definitions. For purposes of this Chapter, the following definitions apply: (a) “Cannabis” and “marijuana” mean all parts of the plant Cannabis sativa L., Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. (b) “Commercial marijuana activity” means the cultivation, harvesting, manufacture, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana or marijuana products. (c) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including the private cultivation of not more than six living marijuana plants when in compliance with the restrictions set forth at Health and Safety Code Section 11362.2(a) and when located within a private residence or inside an accessory structure of a private residence located upon the grounds of a private residence that is fully enclosed and secure. (d) “Cultivation site” means any facility or location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities. (e) “Delivery” means the commercial transfer of marijuana or marijuana products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or
45 marijuana products. (f) “Distribution” means the procurement, sale and transport of marijuana and marijuana products between parties to a transaction. (g) “Manufacture” means to compound, blend, extract, infuse or otherwise make or prepare a marijuana product. (h) “Marijuana accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing or containing marijuana, or for ingesting, inhaling or otherwise introducing marijuana or marijuana products into the human body. (i) “Marijuana dispensary” means a facility or location, whether fixed or mobile, where marijuana or marijuana products are made available for sale, whether for medical purposes or otherwise. (j) “Marijuana products” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. (k) “Nursery” means a producer of clones, immature plants, seeds and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana. (l) “Sell,” “sale” and “to sell” include any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of same and soliciting or receiving an order for same. (m) “Smoke” and “smoking” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated marijuana or marijuana product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” and “smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place. (n) “Testing service” means a laboratory, facility or entity that offers or performs tests of marijuana or marijuana products, including the equipment provided by such laboratory, facility or entity.
Section 5-4-3. Marijuana Dispensaries Prohibited. Marijuana dispensaries are prohibited in the City. No person shall operate or allow to be operated a marijuana dispensary in or upon any premises in the City.
Section 5-4-4. Commercial Marijuana Activity Prohibited. Commercial marijuana activities are prohibited in the City. No person shall operate or allow to be operated a commercial marijuana activity in or upon any premises in the City.
Section 5-4-5. Cultivation Prohibited. Cultivation of marijuana is prohibited in the City, except for cultivation of up to six (6) living plants for personal use as otherwise permitted by California Health and Safety Code Section 11362(a)(3) and when located within a private residence or inside an accessory structure of a private residence located upon the grounds of a private residence that is fully enclosed and secure on the grounds of a private residence. Outdoor cultivation of marijuana
46 for person use on the grounds of a private residence (e.g., in a garden area) is prohibited. No person shall operate or allow to be operated a cultivation site or nursery in or upon any premises in the City.
Section 5-4-6. Delivery Restricted. Delivery of marijuana or marijuana products is limited to the delivery for medical purposes to a qualified patient or primary caregiver pursuant to Health and Safety Code Section 11362.5 from dispensaries located outside of the City.
Section 5-4-7. Distribution Prohibited. The distribution of marijuana or marijuana products is prohibited in the City. Except for deliveries pursuant to Section 5-4.06, no person shall conduct or allow to be conducted an operation in or upon any premises in the City.
Section 5-4-8. Manufacture Prohibited. The manufacture of marijuana or marijuana products is prohibited in the City. No person shall manufacture or allow the manufacturing of marijuana or marijuana products in or upon any premises in the City.
Section 5-4-9. Testing Services Prohibited. The provision of testing services of marijuana or marijuana products is prohibited in the City. No person shall operate or allow testing services of marijuana or marijuana products in or upon any premises in the City.
Section 5-4-10. Smoking Prohibited. Smoking marijuana and ingesting marijuana products are subject to the regulations contained in California Health and Safety Code Section 11362.3. a) Smoking shall be prohibited in all enclosed public places within the City of Solvang with the following exceptions: (1) This ordinance does not regulate smoking in hotel and motel rooms rented to guests. Smoking is regulated by State law in these locations; (2) This ordinance does not regulate smoking in residences. Smoking may be regulated by state law in these locations.
Section 5-4-11. Public Nuisance. (a) The operation of a marijuana dispensary, commercial marijuana activities, cultivation sites and nurseries, distribution, provision of testing services, and manufacturing of marijuana and marijuana products from any property, structure or building in the City is declared to be a public nuisance. (b) In addition to the penalties provided in Section 5-4-14, any violation of this Chapter shall constitute a public nuisance and may be abated by the City by administrative process, or by civil restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of a nuisance. All remedies herein are cumulative and non-exclusive. (c) Any person, including the City, who prevails in an action or proceeding for the abatement of a public nuisance as provided herein shall be entitled to recover attorney’s fees and costs incurred in any such action or proceeding.
Section 5-4-12. Confiscation of Marijuana and Marijuana Products. Any peace officer who issues a criminal citation under this Chapter shall confiscate any
47 marijuana or marijuana products and store them according to law, pending the conclusion of the criminal case.
Section 5-4-13. Suspension or Revocation of Business License. No person or business holding a City business license and owning or operating a business in the City may use that business to operate a marijuana dispensary, conduct commercial marijuana activities, operate a cultivation site or nursery, distribute (except as provided in Section 5-4-6), provide testing services or manufacture of marijuana and marijuana products. A violation of this Chapter shall constitute grounds for suspension or revocation of a business license in accordance with the procedures set forth in Chapter 4-1 of this Code.
Section 5-4-14. Penalties. (a) Failure to comply with this Chapter is a misdemeanor punishable by imprisonment in the County Jail for a period not exceeding six (6) months, or by fine not exceeding $1,000.00, or by both, provided that where the City Attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense is an infraction. (b) Each person committing, causing, or maintaining a violation of this Chapter, or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.
Section 5-4-15. Exclusions. (a) Nothing in this Chapter is intended to prohibit individuals from cultivating not more than six (6) living marijuana plants and possessing the marijuana produced by the plants when in compliance with the restrictions set forth at Health and Safety Code Section 11362.2(a) and when located within a private residence or inside an accessory structure of a private residence located upon the grounds of a private residence that is fully enclosed and secure. (b) Nothing in this Chapter is intended to prohibit individuals 21 years of age or older to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without compensation, not more than 28.5 grams of marijuana and not in the form of concentrated cannabis, as set forth at Health and Safety Code Section 11362.1(a)(1). (c) Nothing in this Chapter is intended to prohibit individuals 21 years of age or older to possess, process, transport, purchase, obtain or give away to persons 21 years of age or older without any compensation, not more than eight (8) grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products, as set forth at Health & Safety Code Section 11362.1(a)(2). (d) Nothing in this Chapter is intended to prohibit individuals 21 years of age or older to possess, transport, purchase, obtain, use, manufacture, or give away marijuana accessories to persons 21 years of age or older without compensation, as set forth at Health and Safety Code Section 11362.1(a)(5). (e) Marijuana and marijuana products involved in any way with conduct deemed lawful by this Section are not contraband and not subject to seizure. No conduct deemed lawful by this Section shall constitute the basis for detention, search or arrest.
Section 5-4-16. Severability. If any section, subsection, sentence, clause or phrase of this Chapter is held to be invalid
48 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 Chapter.
SECTION 2. Exemption from CEQA This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to § 15601(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 3. Severability If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable.
SECTION 4. Effective Date This Ordinance shall be in full force and shall take effect thirty (30) days after its passage.
SECTION 5. Publication Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinance once they are adopted. The City Attorney will prepare a summary of this ordinance. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. The City Clerk shall keep a true and correct copy of the full ordinance together with a record of the vote of each council member.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Solvang on this 29th day of May 2018.
______Jim Richardson, Mayor
ATTEST:
______Lisa S. Martin, City Clerk
49 STATE OF CALIFORNIA ) COUNTY OF SANTA BARBARA ) CITY OF SOLVANG )
I, Lisa S. Martin, City Clerk of the City of Solvang, do hereby certify that the foregoing Ordinance had its first reading on May 14, 2018 and was adopted on second reading on May 29, 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______Lisa S. Martin, City Clerk
50
CITY COUNCIL STAFF REPORT/CONSENT AGENDA
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Holly Owen, Planning & Community Development Director
MEETING DATE: May 29, 2018
DATE PREPARED: May 21, 2018
SUBJECT: Contract Amendment for Time Extension for MGT Consulting to Prepare the Building Fee Study
I. RECOMMENDATION:
1. Approve the attached contract amendment for time extension for the Building Fee Study to June 30, 2018.
II. DISCUSSION:
The City of Solvang’s contract with MGT Consulting for completing the Building Fee Study will expire on June 1, 2018.
On December 11, 2017, the Solvang City Council accepted the proposal from MGT Consulting for preparation of a Building Fee Study in the amount of $20,730 and authorized the Mayor to execute a Professional Services Agreement. Building fees have not been changed since 2005, and cost recovery to provide internal building services has not been realized since 2014.
MGT Consulting began work on the study in January, 2018. Since that time, key participant interviews were conducted, followed up with several conference calls. The consultant has been somewhat delayed from completing the proposed scope of work for completion due to several changes in City contracted building inspector staff.
After staff has reviewed and commented on the draft proposal, the consultant will present the results of the study, with recommendations, to Council.
51 II. ALTERNATIVES:
The Council may choose not to extend the contract, terminating the Building Fee Study process.
III. FISCAL IMPACT:
There is no fiscal impact in extending the time period of this contract. No additional funds are being requested.
Year to date, MGT Consulting has invoiced the City for $5,182.50, with a remaining balance of $15,547.50.
IV. ATTACHMENTS:
A. Original Contract with MGT Consulting Services for Building Fee Study B. Contract Amendment-Extension Agreement
52 CITY OF SOLVANG
Building Fee Studv PROFESSIONAL SERVICES AGREEMENT
This agreement is made upon the date ofexecution, as set forth below, by and between MGT Consulting Group Consultant') a consulting firm, and the City of Solvang(" City"). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1. 0 GENERAL PROVISIONS
1. 01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.
1. 02 Services : Consultant shall perform the scope of work( tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.
Consultant shall determine the method, details and means of performing the above- referenced services.
Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement. However, Consultant may not assign this agreement to any other person or entity in the performance ofrequired 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 ofthis 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.
53 City of Solvang Professional Services Contract Page 2
1. 04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional planning 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$ 20, 730. 00, unless and until this Agreement is amended as provided herein.
1. 05 Billing/ Payment Terms. All charges for Consultant' s services and related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 ( thirty) days of receipt. The bills will itemize by date all services and expenses provided for the invoice period under this Agreement including a brief description of the nature of work performed, the person performing or vendor providing them, the applicable billing rate, the time expended. All Consultant service invoices must be approved by either the Planning Director or the City Manager, prior to payment.
2. 0 OBLIGATIONS OF CONTRACTOR
2. 01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of,all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.
2. 02 Avoidance of Conflict of Interest. Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant' s sole discretion, as long as the performance of these extra- contractual services does not interfere with or present a conflict with City' s business or interfere with the timely performance and completion of Consultant' s services under this Agreement.
Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City' s Conflict ofInterest Code( on file in the City Clerk' s Office). All officers, employees and/ or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant or Consulting Firm to notify the City of any staff changes relating to this Agreement.
A. In accomplishing the scope of services of this Agreement, all officers, employees and/ or agents of the Consultant( s) unless as indicated in Subsection B, will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/ or agents of Consultant, except as indicated in Subsection B. Initials). B. In accomplishing the scope of services of this Agreement, Consultant( s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultants work product will be
54 City of Solvang Professional Services Contract Page 3
presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the City' s Conflict of Interest Code.
2. 03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
2. 04 Workers' Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant' s employees and agents have no right to Workers' Compensation and other City-sponsored employee benefits. Consultant agrees to provide Workers' Compensation and other employee benefits, where required by law, for Consultant' s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant' s employees or agents.
2. 05 Indemnification: General Professional Services: Professional Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from the negligent acts, errors or omissions of Consultant' s or any of Consultant' s employees' or agents' operations under this agreement, whether such operations be by Consultant or by any one or more persons or directly indirectly employed by, or acting as agent for, Consultant; provided as follows:
a) To the fullest extent permitted by law, the Contractor shall( 1) immediately defend, and ( 2) indemnify the City of Solvang, and its elected officials, officers, and employees from and against all liabilities regardless of nature or type arising out of or resulting from Contractor' s performance of services under this contract, or any negligent or wrongful act or omission of the Contractor or Contractor' s officers, employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Contractor' s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Contractor' s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified Ply
55 City of Solvang Professional Services Contract Page 4
b) The review, acceptance or approval of the Contractor' s work or work product by any indemnified parry shall not affect, relieve or reduce the Contractor' s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
2. 06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement.
3. 0 OBLIGATIONS OF CITY
3. 01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance ofConsultant' s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant.
4. 0 TERMINATION OF AGREEMENT
4. 01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 ( thirty) days' prior written notice to the other parties to this agreement.
4. 02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale ofthe 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 ofthis agreement by Consultant without the consent of City.
e. Death of any party.
4. 03 Termination by any Party for Default: Should any party default in the performance ofthis agreement or materially breach any ofits provisions, the non-breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.
4. 04 Termination: This agreement shall terminate on June 1, 2018, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is
56 City of Solvang Professional Services Contract Page 5
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 Planning Director or the City Manager: Prior to initiating any Consultant work on matters relating to the City of Solvang Building Fee Study but outside this contract, it shall be the responsibility of Consultant to obtain written approval of the Planning Director or the City Manager prior to initiation of such tasks.
5. 02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. It is contemplated that most of the services hereunder, including but not limited to preparation, public and agency review, and submission of the draft to the Planning Director and City Council for certification, will be completed on or before May 1, 2018. TIME IS OF THE ESSENCE OF THIS CONTRACT. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.
5. 03 Work Outside Contract Scone: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the Contract Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger order may changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the Contract Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.
5. 04 Confidentiality:
a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City. Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential.
b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant' s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City.
57 City of Solvang Professional Services Contract Page 6
c) Security plan. If requested by the Contract Manager, Consultant shall prepare a security plan to assure that infonriation 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 ofinfonnation or ofany actual or potential disclosure ofinformation.
d)
ofSurvival.this contract. Consultant' s obligations under this paragraph shall survive the termination
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: Roy Hanley City Attorney HANLEY& FLEISHMAN, LLP 8930 Morro Road Atascadero, CA 93422
TO CONSULTANT: 3{ C y
5f. #13- 4
t QM Y1,." 0 ,
6. 02 Governine Law: This agreement and all matters relating to this agreement shall be governed by the laws ofthe State ofCalifornia in force at the time, should any need for interpretation ofthis agreement or any decision or holding concerning this agreement arise. 6. 03 Binding Effect: This agreement shall he binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but
58 City of Solvang Professional Services Contract Page 7
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 ( including electronic), and detailed calculations developed under this contract are the property ofthe City. Consultant agrees that all copyrights, which arise from creation ofthe 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 ofthe City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
6. 07. Integration and Modification: This contract represents the entire understanding and agreement of the and City 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 ofthis agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
6. 08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason ofthe 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.
59 City of Solvang Professional Services Contract Page 8
6. 11 No waiver: The waiver of any breach by any party of any provision of this thisagreementagreement.shall not constitute a continuing waiver or a waiver ofany subsequent breach of
6. 12. Assienment: person or This agreement is specifically not assignable by Consultant to any entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation oflaw or otherwise, is void and is a material breach ofthis agreement, giving rise to a right to terminate as set forth in Section 4.03.
6. 13. 14e for Performance: Except as otherwise expressly provided for in this agreement, should the performance ofany act required by this agreement to be performed by eitherparty be prevented or delayed by reason by any act ofGod, strike, lockout, labor trouble, inability to secure materials, or any other cause, except financial inability, which is the fault ofthe party required to perform the act, the time for performance ofthe act will be extended for a period oftime equivalent to the period ofdelay and performance ofthe act during the period ofdelay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement ofthe performance ofany act rendered difficult or impossible solely because of the financial condition ofthe party required to perform the act.
6. 14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
6. 15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities areto be resolved against the drafting party shall not apply in the interpretation ofthis agreement or any amendments or exhibits thereto. The captions ofthe sections are thefor convenienceprovision to whichand referencethey relate.only, and are not intended to be construed to define or limit
6. 16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent ofall the parties to this agreement. 6. 17. Signatures: The individuals executing this contract represent and warrant that theyentities.have the legal capacity and authority to do so on behalf of their respective legal iN WITNESS WHEREOF, the parties have executed this contract on the following date. onsultant:
Date: )— a —9 /
Pre ' ent .
60 City of Solvang Professional Services Contract Page 9
City of Solvang:
Date: 1 `\ ' By:
Iyor
APPROVED AS TO FORM:
City Attorney: HANDY& FLEISHMAN, LLP
Date: I r 1AN 201 By: Ro anley City Attorney
61 EXT BIT A
SCOPE OF WORK
FEE SCHEDULE
PROJECT SCHEDULE
62 The following is a detailed work plan that identifies the tasks necessary to complete the study:
Meet with City personnel who have responsibility or a high interest in the user fee study. This meeting will refine the specific objectives, requirements, measurements, and schedule of the user fee study, and will establish the overall objectives of the study. We consider this meeting vital to successful project results including acceptance by department directors and officials as well as the City' s elected officials.
Based on the outcomes from Task 1, write and issue a memorandum documenting the project scope, time line, activities, participant responsibilities and other related information as necessary.
Collect and compile financial data such as expenditure statements, budgets, and salary reports. We will work with City personnel to develop and gather the needed data in the most efficient way possible. This data will provide the foundation for developing the total costs, direct and indirect, associated with each user fee service identified in Tasks 4 and 5.
Create an inventory of all the user fee services provided by the City. Scope and price assumes that both Public Safety functions of Police and Fire are contracted out and are not included in this study. I
Using our experience in other jurisdictions and our extensive database of fees, we will create an inventory of potential new user fee services that are currently provided by the City, but have no corresponding current revenue. MGT staff have calculated and implemented more General Plan maintenance fees and Technology fees for building departments than any other competing4firm.
AN INVENTORYIS5UEMEMORANDUM Based on the outcomes from Tasks 4 and 5, write and issue a memorandum documenting all user fees within selected departments within the City. This inventory will establish the scope of the services to be Included in the cost analysis.
DEVELOP7.L WORKBOOKS Using the financial and staffing information and user fee inventory, MGT will develop data gathering workbooks to be used when interviewing city personnel. MGT will pre- populate our Excel- based user fee model with staffing, budget information and user fee categories. These workbooks are extremely helpful in facilitating discussion about how user fee services are provided, and will also provide the City with a comprehensive view of resource allocation and utilization for each department included in the study. i8. INTERVIEW 13101_1_ 15ING STAFF Interview City personnel providing the user fee services. In these interviews, we will determine the following information related to the user fee services provided:
A unit of measurement for each user fee service provided. The number of units provided during the fiscal year.
The personnel providing each user fee service. The amount of time spent to provide one unit of a user fee service. The amount of time spent per year providing all user fee services. We understand that the Building Official is a contract staff and the City may utilize contract staffing for plan 63 review and perhaps inspection services to some extent. MGT has extensive experience working in a Enter data into MGT' s user fee model, including data collected from the City' s cost allocation plan( or simple overhead--rate, in the absence of a cost allocation plan). We will then calculate the full direct costs and indirect costs of each existing and potential new user fee service.
The user fee schedules created in this task are extremely detailed. Every cost component of the user fee service Is Identified and supported by detailed, yet clearly and concisely presented calculations.
Undertake an internal review process to raise the accuracy of the user fee schedules. This review includes the following steps: t
o A formal review by the Project Manager of the study' s assumptions and output. o Compare user fee calculations to prior studies, if available. Variances are identified, researched, understood, and explained to relevant individuals. The comparison and variance analysis between years, which is available to city personnel, raises the accuracy of project results. A final review of the user fee model by a project quality assurance consultant. This experienced consultant, although not directly involved in the project, has a fresher perspective of the project than does the lead and project consultants. This perspective incorporates knowledge from dozens of similar projects.
11. PRESEI` 91- INITIAL DEPARTMENT INTERESTED PARTIES
Review the initial userfee calculations with personnel from each department, division, section, or unit; make changes as required.
Although the user fee schedules are fairly detailed, our consultants will spend as much time,as requested with city personnel to fully explain the cost components of each user fee service. Our experience in conducting hundreds of these types of reviews helps facilitate this step.
12. RECALCULATE AND REVIEW USER FFF SCHEDULES
Recalculate data as required. Some clients require only one or two drafts and review. Other clients require several drafts and review. Calculations will not be considered final until City personnel fully understand the calculations and fully support the final results. I
MGT will work with City personnel and stakeholders to review and apply existing policies regarding cost recovery. For Building departments, 100% cost recovery is the standard target. However, potential exceptions include water heaters, roof- mounted solar( as per GC 66015), and fees for small residential projects.
14. PREPARE FINAL USER FEE SCHEDULES Prepare final user fee study summary schedules displaying costs and revenues of each existing and potential user fee service. The user fee summary schedules will include the following information:
o A comprehensive list of all building userfees Current fees charged, annual volume statistics, full cost of providing each user fee activity e The subsidy( or over- recovery) of each fee, recommended adjustments to each fee, potential revenue impacts, on a fee- by-fee basis as well as in total
64 Complete a survey of comparable jurisdictions for comparable fees. Based on collected data develop a matrix schedule documenting the City' s fees compared to surveyed jurisdictions. This survey will help identify as well as validate potential new fees. Typically we compare building fees at several construction- valuation thresholds( e. g.$ 25, 000;$ 100, 000;'$ 250, 000) to up to five regional jurisdictions.
The user fee study results will be incorporated into a comprehensive management report. This report will include the following sections:
o Study scope and objectives.
Fiscal results of the analysis and revenue projections. The methodology used to calculate the cost of user fee services.
Summarized user fee schedules.
Assist in the presentation of the final user fee study results to City officials. The presentation will include the comprehensive fee structure and all accompanying reports.
Provide the final copies of the customized Excel- based cost of service models forfuture use by the City.
PROJECT SCOPE - PROPOSED TIMELINE This section of The City' s RFP requests a timeline of not more than three months. A study of the depth and magnitude of the one requested by the City of Solvang is typically completed in about four months from project initiation to final presentation of results. Timelines of 90 days can be achieved if data collection is intensified into a shorter window and review/ edit periods are managed/ coordinated by the City. Ultimately, the schedule will be determined by the City. From a timeline standpoint, theymost critical step is staff' s final approval of study findings and recommendations( after step 1.6 below), so that the final report can be written and submitted for Council approval,
I I
65 3. 4 COST PROPOSAL
3. 4 COST PROPOSAL
PROTECT PRICE
MGT proposes to perform all elements of the Building User Fee project for the following not-to- exceed fee of$ 20, 730:
Building y Hours Labor
I 1. Introductory Meetings 8 1, 560 500 2, 060 I 2. Issue Project Memo 2 390 390
3. Collect Core Data 0 0 0
4. Fees Catalog Existing 2 270 270
5. Potential New Identify Fees 2 340 340
6. Issue Fee Meme Inventory 4 680 680
7. Data Workbooks Develop 10 1, 420 1, 420
8. Department Interviews 8 1, 360 500 1, 860
9. Prepare Draft Fee Calculations 12 1, 760 1, 760
10. Conduct Internal Review 8 1, 460 1, 460
11. Present Draft Calculations 12 1, 900 500 2, 400
12. Review/ Revise Drafts 16 2, 440 2, 440
13. Recommendations Develop 4 610 610
14. Prepare Final Fee Calculations 8 1, 080 1, 080
15. Comparison Develop Survey R 1, 080 1, 080
16. Prepare of Findings Summary 8 1, 360 1, 360
17. Present Results 6 1, 020 500 1, 520
18. Provide Model/ Methodology 0 0 0
TOTAL 118 $ 18, 730 2, 000 $ 20, 730
This proposal does not include pricing or deliverables for the impact fees, taxes, or monies collected on behalf of other agencies. The proposed fee includes hours, professional fees, and all out-of-pocket expenses delineated for each task.
Any additional services requested by the City may either be negotiated at additional fixed, not-to- exceed rates, or charged on an actual cost basis using the following billing rates:
AkMGT CITY OF SOLVANG, CALIFORNIA I NOVEMBER 14, 2017 REQUEST FOR PROPOSAL RESPONSE FOR BUILDING PAGE 15 CONSULTING GROUP FEE STUDY
66 Shown below are MGT' s suggested timelines for the engagement for each project element, broken down by major task.
i
1, Introductory Meetings
2. Issue Project Mento
3. Collect Core Data
4. Catalog Existing Fees
5. Identify Potential New Fees
6. Issue Fee Inventory Memo
I. Develop Data Workbooks
R. Department Interviews
9. Prepare Draft Fee Calculations
10. Conduct Internal Review
11. Present Draft Calculations
12. Review/ Revise 0,01s
13. Develop Recommendations
14. Prepare Final far Calrtdations
15. Develop Comparison Survey 16. Prepare 5ummafy of Finding.,
17. Present Results
18. Provide Model/ Training
67 E) GIIBIT C
INSURANCE REOtJIRENMNTS Priortothe beginningofandthroughouttheduration ofthe Work Consultantwillmaintain insurance withinconformancethese requirementswiththerequirements,Ifthat existingretforthcoveragebelowdoesConsultantnot meetwilltheuserequirementsexistingcoveragesetforthtocomplyhere, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant minimum acknowledgesamountthatofthecoverageinsurancerequiredcoverage and policy limits setforth in this section constitute the Any insurance proceeds available to City in excess oft limits andCity.coverage required in this agreement and which is applicable to a given loss, will be available to Consultantshallprovide thefollowingtypesandamounts ofinsurance: Commercial General Liability Insurance Insurance using Services Office " Commercial General Liability" policy formCG 0001 ortheexactequivalent. Defense costs mustbepaid inatoddition limits. clai subjectThere shallto reviewbenobutcrossinliabilityno eventexclusionless than$farms1, 000,000orpersuitsoccurrence.byone insuredagainstanother.Limits are Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including Auto) or the exact equivalent. Limits are subject to review, butin no event to be less that$ 11000,pp per accident. IfConsultant owns no vehicles, this requirement mai, be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant' s employees liabilityWill usecoveragepersonal forautoseachin anysuchwayperson.on this project, Consultant shall provide evidence ofpersonal auto
the Note:followingporagraphIfthe requiredlimitsmayforbe omitted]generalliability, auto andemployer'sliability are$ 1 million or less,
coverageExcess oratUmbrella Liability Insurance( Over Primary) ifused to meet limit least as broad as specified requirements, shall provide far the cov liabilityY underlying an umbrella Y such coverage provided under policy shall include a drop down provision providing primary coverage above a maximum $ 25,000 self-insured retention for liability not covered by primary but covered by the toumbrella. Coverage shall be provided on a" pay on behalf" basi with defense costs policy limits. shall in addition Policy contain a provision determined, not requiringactual insurer at the time insured's liability is paymentby theinsuredfirst. There shall beno crossliability exclusion precluding coverage for claims orsuits byone insured against another. Coverage shall be applicable to City for injury to employees ofConsultant, subconsultants or others involved in the Work. The scope ofcoverage provided is subject to approval ofCity following receipt ofproof ofinsurance as required herein. Limits are subject to review but in no event less than$ 1, 000,000 per occurrence. formProfessionalcoverageLiabilityspecificallyor Errorsdesignedand Omissionsto protect againstInsuranceacts,aserrorsappropriateor omissionsshall beofwrittenthe consultanton a policyand Covered Professional Services" as designated inthe policy must specifically includeworkperformed The underpolicythis agreement.must ` pay Theon behalfpolicyoflimitthe shall be no less than$ 1, 000,000 per claim and in the aggre insured and must include duty to defend. The agreeinsurer'r s policy retroactive date shall be on or before the effective date this ent
68 obligatingpayableawe. City of Solvang Professional Services Contract Page 12
carriersInsurancein procuredthe state pursuant to these requirements shall be written by insurers that are admitted and ofCalifornia with an 14- size VII Bests ratingofA- or better anda minimumfinancial agreeGeneralto theconditionsfollowingpertainingwith respectto provisionto insuranceofinsuranceprovidedcoverageby Consultant:by Consultant. Consultant and City I. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include asadditional insureds City,its officials,employees andagents, using standard allISOcontractors,endorsementandNo.subcontractors CG2010 withto doan likewise.editionpriorto 1992. Consultant also agrees torequire 2. No liability insurance coverage provided to comply with this Agreement toConsultant,a Ioss. or Consultant's employees, or agents, from waiving the right ofsubrogation rior Consultant agrees to waive of applicability any insurance proceeds, and to require all likewise. contractors and subcontractorsctors o do 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this suchAgreementinsuranceor anycoverage.otheragreement relating to the City orits operations limits the application of 4. None ofthe coverages required herein will be in compliance with these requirements ifthey approvedinclude anyofinlimitingwriting.endorsement ofany kind that has not been first submitted to City and 5. No liability policy shall contain any provision or definition that would serve to eliminate so- ofcalled"the insuredthird partyor ofactionany contractorover" claims,or subcontractor.including any exclusion forbodily injury to anemployee 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope affectofcoverage(City's protectione.g.eliminationwithoutofCity'contractuals prior liabilitywritten consent.orreduction ofdiscoveryperiod)thatmay 7. Proofofcompliance with these insurance requirements, consisting ofcertificates ofinsurance evidencingall ofthe coverages required and anadditional insured endorsement to Consultant's general liability policy, shall be delivered to City atorprior to the execution ofthis Agreement. In the event such proof ofany 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, butnotthe duty,to obtain any insurance it deems necessary toprotect its interests under this or any otheragreementandto paythepremium.Anyprimum sopaid by City shall be chargedto andpromptly paid by Consultant or deducted from sums due Consultant, at City option. 8. ofCertificate(coverage.s) aretoreflectthattheinsurerwillprovide 30daysnotice toCity ofanycancellation
69 subrogationregardlessprior City of Solvang Professional Services Contract Page 13 9. It is acknowledged by the paries ofthis agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or selfinsurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required ofConsultant. Consultant agrees to monitor and review all such
coveragerm and assumes all responsibility for ensuring that such coverage is provided in confoity with the requirements of this section. Consultant agrees that upon request, all review.agreements with subcontractors and others engaged in the project will be subinitted to City for 11. Consultant agreesnotto self-insure orto use any self-insured retentions ordeductibles on any portion ofthe insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the Performance ofwork on the project contemplated by this agreement to self-insure its obligations to City. If Consultant' s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution ofother coverage, or other solutions. 12. The City reserves the right at any time during the term ofthe contract to change the amounts and types ofinsurance required by giving the Consultant ninety( 90) days advance written notice ofsuch change. Ifsuch change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. Forpurposes ofapplying 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 ofor towards performance ofthis Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant ofnon-compliance with any insurance requirement in no wayimposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew therequired coverage annually as long as City, orits employees oragents face an exposure from operations ofanytype pursuant tothis 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 proofthat policies ofinsurance required herein expiring during the term offlus Agreement have been renewed orreplaced with other policies providing at least the samecoverage. Proofthatsuchcoveragehas been orderedshallbesubmittedpriorto expiration. A coverage binder or letter from Consultant' s insurance agent to this effect is acceptable. A certificate ofinsurance and/ or additional insured endorsement as required in these specifications
expirationapplicable ofto thethe coverages.renewing or new coverage must be provided to City within five days ofthe
70 City of Solvang Professional Services Contract Page 14 17. The provisions ofany workers, compensation or similar act will not limit the obligations of defensesConsultantunderundersuchthislawsagreement.with respectConsultantto City,expresslyits employees,agrees officialsnottouseandanyagents.statutoryimmunity 18. Requirements ofspecific 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 purposesinsured toofbeclarificationlimiting or all-onlyinclusive.as it pertains to a given issue, and is not intended by any party or 19. These insurance requirements are intended to be separate and distinct from any otherprovision inthis agreementand are intended by the parties here to be interpreted as such. 20. Therequirements in this Section supersede all other sections and provisions ofthis Agreement toSection.the extent that any other section orprovision conflicts with or impairs the provisions ofthis 21. Consultant agrees to be responsible for ensuring thatno contract used byany party involved in anyway with the project reserves the right to charge City orConsultant forthe cost ofadditional insurance coverage required by this agreement. Any such provisions are to be deleted with with these mp reference torequirements.City.Itis not theThereintentshallofCityto reimburse anythirdparty forthecost ofcolying be no recourse against City for payment of other amounts with respect thereto. premiums or 22. Consultant agrees to provide immediate notice to City ofany claim or loss against Consultant arising out ofthe work performed under this agreement. City assumes no obligation or liability claimsby suchifnotice,arebuthas the right( butnotthe duty)to monitorthehandling ofanysuchclaim or they likely to involve City.
71
72 AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT DATED MAY 29, 2018 BETWEEN THE CITY OF SOLVANG AND MGT CONSULTING
THIS AMENDMENT, made and entered into this 29th Day of May, 2018, between the CITY OF SOLVANG, a municipal corporation, hereinafter referred to as “City” and MGT CONSULTING , hereinafter referred to as the Consultant or Contractor.
In consideration of the mutual covenants and conditions set forth in the original Agreement dated January 11, 2018, the parties agree to amend the following section:
4.04 Termination: This agreement shall terminate on June 30, 2018, 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.
All remaining portions of the original Agreement shall not be changed by this amendment.
CITY OF SOLVANG CONTRACTOR OR CONSULTANT
By: City Manager
Attest: Title:
City Clerk
Approved as to form:
City Attorney
73
74
CITY COUNCIL STAFF REPORT/CONSENT AGENDA
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Dawn Palacios, Public Works Inspector, and Matt van der Linden, Public Works Director/City Engineer
MEETING DATE: May 29, 2018
DATE PREPARED: May 18, 2018
SUBJECT: NOTICE OF COMPLETION FOR THE VARIOUS ROAD REPAIRS & CONCRETE WORK PROJECT, PW 105
I. RECOMMENDATION:
Accept the Various Road Repairs & Concrete Work Project, PW 105, as complete, and direct the City Manager to execute and record the Notice of Completion.
II. BACKGROUND:
At its November 13, 2017 Regular Meeting, the Solvang City Council awarded the construction contract for the Various Road Repairs & Concrete Work Project to Hanly General Engineering Corporation in the amount of $111,160 with a change order contingency of $22,000. Responding in part to recent damage from storms to various Public Works facilities, the Various Road Repairs & Concrete Work Project consisted of roadway and parking lot pavement repairs, repair of failed sewer trenches, structural reinforcement of storm damaged sewer manholes, installation of a vehicle was station, new parking lot striping, creek bank stabilization and erosion repairs, traffic control, and related work. This work was done as part of our ongoing maintenance, repairs, and improvements benefiting the visitors and citizens of the City of Solvang. The work was performed throughout the City as shown in the attached Project Location Map.
III. DISCUSSION:
Bank stabilization, repairs and erosion control measures were completed at Adobe Creek and Fredensborg Canyon Road. Sewer manhole protection and repairs were completed at
75 manholes in HCA Park and Nyborg Estates. Sinkhole repairs were made on Petersen Avenue and Park View Trail. Repair of areas with failed subgrade were completed on Alnor Alley. There was also installation of a new vehicle wash pad and parking lot striping at the City Hall Parking Lot. In summary, the Various Road Work Repairs & Concrete Work Project was successfully completed, and has provided valuable improvements for the residents and businesses of Solvang.
A summary of all costs associated with this project is as follows:
• Engineering-Design Work (performed in-house) $ 0.00 • Construction Management & Inspection (in-house) $ 0.00 • Initial Construction Contract $ 111,160.00 • Adjusted Actual Quantities $ 21,923.00 • Total $ 133,083.00
The Project was completed under budget at a total cost of $133,083. The construction was completed with an increase of 19 working days from the original completion date due to the expanded quantities of work and rain delays.
IV. FISCAL IMPACT:
There is no fiscal impact with the Notice of Completion. However, the Notice of Completion starts the clock on the warranty period, and provides a period of time during which potential lien holders may address any non-payment issues with the contractor.
The project began at the end of November 2017 and was completed in FY 2017-18. The City’s Fiscal Year 2017-18 budget included funding for construction of this project in Account No. 100-1600-690-70105, 100-1600-710-70105, 501-5200-502-70931, and 501- 5200-502-53003.
V. ATTACHMENTS:
1. Location Map 2. Sample Project Photos 3. Notice of Completion for the Various Road Repairs & Concrete Work Project
76 77
78
Before Photos Storm Damage at Fredensborg Cany79 on Road shoulder & Adobe Creek
After Photos Repaired road shoulder, armored creek bank, and installed eroison control measures
80 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City of Solvang 1644 Oak Street Solvang, CA 93463
NO FEE PER GOVERNMENT CODE 6103
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 completed on February 16, 2018. The work done was Various Road Repairs & Concrete Work, PW 105.
6. The name of the contractor, if any, for such work of improvement was Hanly General Engineering Corporation
7. The property on which said work of improvement was completed is in the City of Solvang, County of Santa Barbara, State of California, and is described as follows:
Creek bank stabilization and erosion repairs, erosion control measures, asphalt roadway and parking lot repairs, manhole reinforcement, concrete curbs, roadway sinkhole repairs, concrete paver and subgrade repairs, disposal of debris, traffic control, parking lot striping, and related work.
Dated: May 18, 2018
City of Solvang: Matthew van der Linden, PE, Public Works Director ______VERIFICATION
I, the undersigned say: 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 ______, 2018, at ______, California (Date of Signature) (City where signed)
______City of Solvang: Brad Vidro, City Manager
Accepted by The Solvang City Council on ______(Date Accepted)
81
82
CITY COUNCIL STAFF REPORT
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Holly R. Owen, AICP, Planning & Economic Development Director
MEETING DATE: May 29, 2018
DATE PREPARED: May 19, 2018
SUBJECT: REQUEST TO RENEW THE LICENSE WITH ADVENTURES OUT WEST FOR USE OF CITY STREETS FOR SEGWAY TOURS
I. RECOMMENDATION:
Approve renewal of the license to allow Adventures Out West to use City streets for Segway tours.
II. BACKGROUND:
The City Council approved the initial license on December 12, 2011 with Adventures Out West to allow Segway tours on Solvang city streets. The current license is due to expire on June 30, 2018. No changes to the license or route have been requested. The most recent license and route map are attached.
III. DISCUSSION:
The business has operated in compliance with the terms of its license, and few complaints have been received in the last years. Staff will continue to monitor the operation and its effects on traffic in the downtown area, as well as any complaints regarding performance. Staff recommends approval of the license until June 30, 2019, when all the conveyance licenses will be brought to Council for review.
83
This is the only conveyance license operating at this time and up for renewal at present.
IV. ALTERNATIVES:
The City Council could make modifications to licenses, and/or choose not to renew the license. Changes could also be made to the routes. V. FISCAL IMPACT:
The permit fee revenue gained from this use is minimal. The renewal fee is $75 per conveyance. The benefits of a well-run operation should include increased tourism-related revenue for the City of Solvang. VI. ATTACHMENTS:
1. Current License 2. Segway Tour Route Maps 3. Specifications for EPAMD Conveyances 4. Draft License (without attachments) to be Approved (expiration on 6-30-2019)
84 85 86 87
88
Attachment 2
89
90 91
92 93 94 95
96
CITY COUNCIL STAFF REPORT
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Lisa S. Martin, City Clerk/Executive Assistant
MEETING DATE: May 29, 2018
DATE PREPARED: May 21, 2018
SUBJECT: AMBASSADOR CITY FOR GLOBAL KINDNESS CONSIDERATION
I. RECOMMENDATION:
Receive presentation by Karen Palmer, founder of Eco-Angel Enterprises and discuss and provide staff direction on pursuit of a World Kindness City designation.
II. DISCUSSION:
At the meeting of May 14, 2018, the City Council agreed to bring back an agenda item regarding potential designation as a World Kindness City.
The mission of The World Kindness Movement (WKM) is to inspire individuals and organizations towards greater kindness and to connect nations to create a kinder world. The World Kindness Movement is recognized as the peak global body for kindness and serves as an international platform for collaboration and sharing. WKM encourages organizations to establish kindness movements within their countries and collaborate on global initiatives through membership to the WKM. The movement includes 28 represented nations. Six (6) member organizations exist in the United States.
Prior to the application process, an organization must complete the following steps for consideration:
1. Council Express written interest to WKUSA
2. We send them the Guidelines introduce them to local WKUSA Goodwill Ambassador
97 3. Have an over the phone 3 way conversation
4. Council draft Resolution / Mayoral minute note this is not for a "Proclamation" it is for a Unanimous Declaration of Support (this is essential)
5. Put to Councillors to vote on, must be passed unanimously
6. Motion includes the appointment of City Councillors to be Goodwill Ambassadors
7. They complete WKUSA online application form applying to become a Founding Member to WKUSA
8. Host a Signing Ceremony inviting community members to attend and WKUSA send Executive member to give a presentation and present Official Certificate of Membership
9. Commence the process to meet the Kindness Performance Indicators
10. Submit a bid to WKUSA to present to the international peak global body to be listed as a World Kindness City
In order for a city to then become a World Kindness City or Destination, the city must complete an application. All submissions are subject to the endorsement of the nominated Kindness representative body in each country. Cities wishing to qualify must meet the minimum Kindness Performance Indicators below:
1. The City adopts a Resolution at full council meeting to Declare Support for World Kindness endeavours to create a kinder world for our children to inherit;
2. The City has placed World Kindness Week/Day November 13th on the City’s calendar;
3. Council publicly displays a unanimous Declaration for Support for a kinder world signed by all council members leading up to World Kindness Week (2nd week of November);
4. City appoints a Council Members/City Goodwill Ambassadors (voluntary) to identify and support community Kindness initiatives leading up to World Kindness Week;
5. City hosts annual Kindness Awards for all sectors of the community during World Kindness Week (Cool to be Kind / Courage to be Kind Awards);
6. City identifies and supports Schools/Community Groups/Businesses in the municipality which have or intend to promote World Kindness and have themselves appointed Goodwill Ambassadors to participate in kindness programs;
98
7. City has invited local, state and federal Members of Government to declare their support for the World Kindness campaign;
8. City either hosts or actively supports and participates in a Kindness Initiative (e.g. Implement a 360 Kindness Index, launch officially branded community World Kindness Cards, organize The Big Hug, organize a Conversation in Kindness Panel and Flash Mob, organize a Kindness Concert or Kindness Themed Short Film, or organize a Vox Popoli or Arts festival dedicated to expressing kindness through the arts, dance, music, theater, poetry, literature, or photography);
9. Introduce a neighboring City Council/Sister City or peak government body to the global campaign;
10. Mayor invites local sports clubs, hotels, schools, universities, chambers of commerce, businesses to attend and/or co-host Community Goodwill Ambassador bi-monthly network events;
Submission materials must include presentation of digital or hard copy nature including interviews, short film production awards, hosting International Kindness events with media highlights of activities showcasing participation from all sectors including education, business, community and government.
If such application is approved by the World Kindness Movement International Council, the City will receive the following benefits:
Membership Benefits:
• Members will network and be linked up with other WKM members and will receive Publications (eg newsletters, brochures, etc.) produced by WKM and or its members. • Listing on the WKM Website. • Use of the WKM logo (Subject to strict guidelines). • Support and advice from the Secretariat on forming a Kindness organization and or campaign. • Access to WKM members database and material and programs for kindness activities. • Invitations to participate in or host international events. • Invitations to present at international events. • Assistance in making representations to engage governments and other key stakeholders. • Invitations to participate on WKM Committees.
III. ALTERNATIVES:
The City Council could choose to participate in some other way in the World Kindness Movement or a global kindness initiative.
99
IV. FISCAL IMPACT:
There are potential unknown costs associated with staff time and holding of community Kindness Award and community Kindness Initiative events.
100
CITY COUNCIL STAFF REPORT
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Brad Vidro, City Manager
MEETING DATE: May 29, 2018
DATE PREPARED: May 14, 2018
SUBJECT: 2019 AMGEN TOUR OF CALIFORNIA HOST CITY CONSIDERATION
I. RECOMMENDATION:
Discuss and provide direction on submitting a proposal to serve as a host city for 2019.
II. DISCUSSION:
The Amgen Tour of California is a multi-stage professional cycling race across the State of California. Next year will be the thirteenth year for the event. The dates will be May 12- 18, 2019. Seventeen professional cycling teams from around the world competed in the event this year. The Tour of California is presented by AEG Sports through public private partnerships established in selected host cities.
Solvang and the Santa Ynez Valley hosted the Individual Time Trial in 2007, 2008, 2009 and 2011. The City of Solvang has been approached by two local business owners regarding the possibility of returning as a host city. Corey Evans the owner of Dr. J’s Bicycle Shop and Kirk Nordgren of Carmichael Training Systems are reaching out to the community to see if there is support to bring the event back to the Santa Ynez Valley.
In the past cities were required to submit a Proposal to be considered as a host city. The process now is for cities wanting to be a host city to send a letter of interest. Historically host cities being considered are typically notified in June or July and City Participation Agreements are finalized in August for the next year’s race. As mentioned, Solvang and the Santa Ynez Valley hosted the Individual Time Trial from 2007-2009 and again in 2011. The Time Trial is a closed course where riders race against clock leaving the starting gate at set intervals. In most of the previous years the Time Trial fell on the Friday of the event.
101 In the last few years it has been held in the middle of the week-long event. The proposed dates for the 2019 Tour are May 12-18. The Santa Barbara Wine Country Half Marathon will be May 11 which would be the Saturday before.
A Host City can choose to host the Individual Time Trial, a Stage Start and or a Stage Finish. Each option has different requirements for what must be provided by the Host City.
A requirement of all host cities is the establishment of a Local Organizing Committee (LOC). The City of Solvang established an LOC for the all of the years that we hosted the event with local business owners Max Hanberg and Carol Paaske as the co-chairs. While not willing to return as co-chairs Carol Paaske and Max Hanberg have indicated they would provide assistance to whomever may become the LOC Chair.
The Tour of California is a “for profit” event and as such each year the requirements for being considered as a host city increase as the financial burden is shifted from the event producers to the host cities. On top of the financial burden, a considerable amount of City staff time is required in planning for and hosting the event. The last year Solvang was a host City was in 2011. That year required an outlay of approximately $123,000. The LOC was able to raise $101,000 through a variety of fundraising activities. This required the use of over $20,000 from excess funds raised in previous years.
The requirements for 2019 are not yet available, but in reviewing the requirements for 2018 there are changes from what the City had to provide in 2011 they include:
The requirement for 2011 was for the Host City to provide the full cost of 236 rooms the night before and 203 rooms the night of the event. Plus the cost over $99/night for 247 rooms the night of time trial. They did not utilize all of the rooms requested, but the City was obligated to provide up to that number.
The requirements for the 2018 event requires a host City to provide the full cost of 280 rooms the night before and 350 rooms the night of the event. Plus the cost over $90/night for 170 rooms the night of time trial.
The traffic control requirements were for just those within the City limits in 2011, the requirements for 2018 includes the unincorporated County areas also.
Meal requirements include: Team Dinner for 350, Team Breakfast for 350, Media Lunch/Dinner for 150, Boxed lunches for 590, Breakfast for start crew (30), and Breakfast for finish crew (40).
Volunteer crew of 400-500 to assist with coordinating activities on the day of the event.
If the City Council chooses to direct staff to pursue being a Host City and it is selected, it would once again need to enter into an agreement with AEG for the financial responsibility of the costs necessary to be a Host City. Fund raising would offset some, but might not
102 cover all, of the costs. Ultimately the City would be liable for and shortfall in revenue versus expenditures.
III. ALTERNATIVES:
The City Council could choose to direct staff to submit a letter of interest to be a host city for the 2019 Amgen Tour of California. It could be for the Individual Time Trial or Stage Start or a Stage Finish. The City could choose to put limitations on the host city requirements, which could affect if it is chosen when compared to other cities that have agreed to all of the conditions.
IV. FISCAL IMPACT:
Expenses and revenues from hosting the event in 2011 were as follows:
Law Enforcement $12,600 Traffic control $ 3,600 Hotel/Motel Rooms $57,500 Hospitality $13,000 Printing/media $ 5,400 Marketing $ 4,000 Fundraising expenses $22,633 Technical $ 4,900 Merchandise $ 1,300
Total expenses in 2011 $124,750 Prior year carry over funds $ 32,850 Revenue in 2011 $100,900
These numbers are eight years old so they most likely be more in today’s dollars.
There is also a significant amount of City staff time required in the planning and hosting of the event. While that is not an additional cost to the City it does result in lesser time being available for staff to perform their regular duties.
V. ATTACHMENTS:
• Host City Benefits & Opportunities along with the Requirements for the Individual Time Trial
103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118
CITY COUNCIL STAFF REPORT
TO: SOLVANG CITY COUNCIL MEMBERS
FROM: Brad Vidro, City Manager; and Lisa S. Martin, City Clerk/Executive Assitant
MEETING DATE: May 29, 2018
DATE PREPARED: May 21, 2018
SUBJECT: CITY OF SOLVANG GOALS
I. RECOMMENDATION:
Review and discuss the final consultant report and the goals established during the prioritization exercise in the April public workshop and provide direction to staff as to methodology for further review and refinement of Council Goals.
II. DISCUSSION:
As a result of the April 23, 2018 public goals/visioning workshop and consultant interviews with City Council and staff, the following six (6) goals were deemed to be the City Council’s highest focus:
B-1) Benefit to the Community at Large • Identify funding options to finance the State Mandated Storm Water Management Program
C-1) Creat Economic Diversity • Augment the Tourism Industry with Development • Annex properties in Sphere for light Industrial uses • Educate the public on the need for Economic Diversity
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E-1) Enhance the Quality of Life in Solvang • Expand and/or Improve Bike Lanes • Install Sidewalks in areas lacking Accessibility • Continue to evaluate Transit Needs
E-3) Enhance the Quality of Life in Solvang • Increase Park Acreage for Team Sports • Revisit the Lease with SB Trust for Historic Preservation of Lot 72 • Examine City-Owned properties for Possible Re-use
I-2) Improve the City’s Financial Stability • Reduce Unfunded Liabilities and achieve more Sustainable programs • Finance needed Capital Improvements
M-1) Maintain and Improve Inter-Governmental & Agency Relations • Continuation of Ad Hoc Committee with Santa Ynez Band of Chumash Indians • Pursue enhanced Library Services (Buellton) and alternative Funding Opportunities • Work with the Santa Ynez Community Services District and Los Olivos on Waste Water Needs • Work toward a long-term Water Purchase Agreement with ID#1
There were several other goals that were determined to be high priority goals, resources permitting. Some of the sub-goals may warrant inclusion in the final goals.
Refinement of the goals is necessary to complete the visioning process and bring back the Final 2018-19 City Council goals for approval.
III. ALTERNATIVES:
The Council may choose to make minor changes to the goal verbiage or reclassify goals or sub-goals.
IV. FISCAL IMPACT:
There are no impacts with the establishment of goals, but as items are implemented City Council approval is provided when expenditures are required.
V. ATTACHMENTS:
2018 Goal-Setting Workshop Report by Rick Haydon
120
2018 Goal-Setting Workshop Report
April 23, 2018
Facilitated by:
121
Workshop Report On Monday, April 23, 2018, the City Council conducted a Special Goal-Setting Workshop prior to their regularly scheduled City Council Meeting with retired Santa Maria City Manager Rick Haydon acting as the facilitator. Prior to the workshop, Mr. Haydon sat down with each member of the City Council individually and requested that each Councilmember provide him with three to five City-related goals to help facilitate a goal-setting exercise.
The workshop began with an introductory overview of the intent of the workshop, followed by the public comment session. After receiving comments from the public, the workshop agenda was reviewed, as were proposed ground rules for the event. After the ground rules were agreed-upon by Council, a summary of work-related norms were reviewed (See Discussion of Work-Related Norms Section). Following the discussion on the work-related norms, a review of the City’s recent accomplishments and challenges were discussed. This was followed by an oral presentation from the City Manager on the status of the existing 2017-18 Goals.
Prior to the actual goal prioritization portion of the workshop, the City Council discussed those proposed goals put forward for consideration by members of the public. After some discussion, the City Council chose to incorporate three of the six goals proposed by members of the public into the list of goals to prioritize. The City Council also modified and/or edited three other (Council submitted) goals and then the goal-setting prioritization exercise began.
As part of the prioritization exercise, each Councilmember received five green dots and two yellow dots. Each green dot signified a goal that a Councilmember wanted to put forward and deem a major goal to achieve. Each yellow dot signified a goal that, while not a major goal, is a priority that the Councilmember would like staff to address (resources permitting). Those proposed goals receiving three or more green dots (votes) are deemed Major City Goals for 2018-19. Proposed goals that received two green dots and at-least two yellow dots are deemed other important priorities for City staff to address in 2018-19 (again, resources permitting). Photos of the prioritization exercise results can be found on Exhibit “A”.
At the conclusion of the workshop, the City Council identified the following six City Goals for 2018-19 (in alphabetical order):
• (B-1) Benefit to the Community at Large o Identify funding options to Finance the State Mandated Storm Water Management Program
• (C-1) Create Economic Diversity o Augment the tourism industry with development o Annex properties in sphere for light industrial uses o Educate the public on the need for economic diversity
2 122
• (E-1) Enhance the Quality of Life in Solvang o Expand and/or improve bike lanes o Install sidewalks in areas lacking accessibility o Continue to evaluate transit needs
• (E-3) Enhance the Quality of Life in Solvang o Increase Park Acreage for team sports o Revisit the lease with Santa Barbara Trust for Historic Preservation on Lot 72 o Examine City owned properties for possible re-use
• (I-2) Improve the City’s Financial Stability o Reduce unfunded liabilities and achieve more sustainable programs o Finance needed capital improvement
• (M-1) Maintain and Improve Inter-Governmental & Agency Relations o Continuation of ad hoc committee with Santa Ynez Band of Chumash Indians o Pursue enhanced library services (Buellton) and alternative funding opportunities o Work with the Santa Ynez Community Services District and Los Olivos on waste water needs o Work toward a long-term water purchase agreement with ID1
The following four goals were deemed a “high priority” by the City Council for staff to address in 2018-19 (resources permitting):
• (A-1) Address Future Growth Issues o Modify and update the General Plan to expand the Sphere of Influence o Pursue a possible annexation study o Engage in public outreach for future visioning process
• (E-4) Evaluate Capital Needs of the City o Maintain pavement management system o Maintain Capital Improvement Program o Improve safety throughout the City
• (I-1) Improve Traffic Circulation o Address the feasibility of a Highway 246 Bypass near Santa Rosa Road o Encourage Caltrans to Accelerate the Reconstruction of the 246 Alamo Pintado Bridge
3 123 • (W-1) Work Toward Water Independence o Provide ongoing education to customers o Pursue additional water production & supplies o Develop additional storage/short & long-term o Develop an equitable rate structure, sufficient to cover water- related costs o Pursue membership in CCWA o Evaluate/Explore the use of recycled water o Make Waste Water Treatment Plant Improvements o Pursue conjunctive use with ID1 and work toward a long-term purchase agreement o Pursue new efficiencies to lower rates while covering costs
It should be noted that the following goals did not receive the necessary votes from Council to qualify as a goal for 2018-19; however, they are being listed herein for informational purposes only.
• (E-2) Enhance the Quality of Life in Solvang o Revisit the overall policy of City contributions (grants) to outside agencies (non-profits and human services agencies) o Use 2% of TOT revenue (or another identified source) for grants to non-profits & human services agencies
• (R-1) Revisit the Business License Program & Fees in an effort to increase General Fd. Revenues
Discussion of Work-Related Norms As part of a goal-setting engagement, retired Santa Maria City Manager Rick Haydon also sat down with individual City Councilmembers, the City Manager and the City Attorney to have a discussion about work-related norms. He also solicited input on what each individual felt were the most important norms in order to have effective working relationships. Those interviewed were very candid in their responses and were not hesitant to express their individual perspectives. Having said that, it should be noted that the consensus of those interviewed expressed that everyone in the City has the best of intentions to do what’s right for the community, and that everyone interviewed truly had a sincere desire to do what’s best for the organization, the City, and the community.
The intent of these interviews were twofold: 1) to solicit feedback on expectations in order to foster better working relationships and 2) to identify work-related norms in which to aid in enhancing existing working relationships. Accordingly, to be an effective City team or working group (City Council), clearly established behavioral norms are essential. In that regard, norms are procedures or conduct that all team members (both Councilmembers and City staff) agreed to comply with in order to have an effective working relationship.
The following pages reflect the summary of all the information that was shared during these one-on-one interviews.
4 124 I. From Council’s perspective, they feel that their primary purpose is: • Making Citywide Policy – Council makes the policy and ensure that the City Manager implements the policy by working with his staff • Provide for the health, safety and welfare of the community • Be cognizant of the long-term plans for the sustainability of the City • To provide the general oversight of City affairs • To be the voice of the community and to represent them in governance (even those that have a minority viewpoint) • To be the caretaker of the community’s trust and to do what’s in the best interest of the community • To ensure that the City has a superior staff in which to run the operations - which it does • Spending time (today) looking into the future in order to ensure the City is sustainable • Maintaining good relations with the public
II. From Council’s perspective, the following is what they expect from staff: • For staff to be professionalism, positive, optimistic and have good interface with the public – good customer service skills • Respond to the City Council and to the public in a timely manner with complete information – to provide financial information as transparent as possible with back-up information to sustain facts • To have quarterly or semi-annual updates on City Goals and Finances • Let Council Members know as soon as possible regarding important matters, controversial or politically sensitive issues once staff becomes aware of them • When providing information, provide it in a full-disclosure manner giving Council what they need to know versus what staff would want us to know • When a Council Member asks questions of staff regarding a specific agenda item (prior to a City Council Meeting) and staff responds back to that Council Member in an email with the requested information, and should that information be of interest to the rest of the City Council, then as a courtesy, staff should send that information to all Council Members • Have a clear and open line of communication between Council and staff, and also have a mutual respect for each other • When discussing item(s), look not only at the current financial impacts, but also at the long-term financial impacts • Be transparent to the public and help educate them when they don’t understanding the reasoning behind decisions or policies • To provide Council, at the end of each Council Meeting, with a list of items for the next Council Meeting as well as a list of upcoming community events • To have a Brown Act training to help educate all Council Members • Provide well-rounded staff reports o Short and concise written reports o Professional presentation(s) before Council (i.e. not too long winded nor read verbatim from a staff report) o Accurate financial reports
5 125
III. From staff’s perspective, what do they need from the City Council? • Work through the City Manager should Council have operational questions • That Council provide staff with questions regarding Council Agenda Items in advance of the City Council Meeting in order to provide staff sufficient time to obtain the appropriate information/answers • To have routine/periodic one-on-one individual meetings with Council Members to apprise them of current affairs • Understand that the City has a small staff • To be consistent with expectations and direction given to staff • In light of the increasing pension-related costs, for Council to stay the course in order to systematically address the rising costs over time – which are surmountable
IV. What do Council Members need from each other? • Come to Council Meetings prepared, having read the agenda reports, and to ask staff questions regarding agenda items prior to the meeting • Come to the Council Meetings with an open mind and wait to make a decision on an agenda item until after hearing the staff report, listening to members of the public, and the thoughts of your fellow Council Members • Be respectful of other Council Member’s comments and should a Council Member disagree with another Council Member, to do so in a respectful and professional manner • To have more engagement and dialog on the dais in an effort to understand where everyone (on Council) stands on certain issues – especially when someone disagrees on an item • Be respectful, professional and congenial to one another on the dais (valuing their opinion and their perspective), knowing that it’s okay to agree to disagree as long as it is done professionally • For Council Members to respond back, in a timely manner, to their fellow Council Member(s) when they leave an email or phone message • Work through the City Manager and don’t micro-manage staff • Engage community members (outside of Council Meetings) to get their opinion on City-related matters • Council Members that are on other boards representing the City, to provide an update or committee report at the end of each Council meeting (if appropriate) so the public is aware of other city-related matters • Be mindful that the Mayor has to run an orderly meeting, and in the interest of decorum, don’t interrupt others • Do not engage members of the public in a dialog during the Public Comment • Be consistent in providing all members of the public with the same about of time to make their comments and wait until after public testimony before stating your position on an issue • When the public input portion of the Council Meeting has concluded, move on to Council deliberations and not re-open the item up for additional comments from the public
6 126 • Be supportive of community events and fundraisers by attending and participating in them as you are an ambassador of the City • Acknowledge that the monthly City Council stipend needs to be adjusted (increased) in order to attract more candidates to run for Council • Acknowledge that the local economic environment is changing o That the wine industry and bicycling is becoming more popular o Be more open to new events as opportunities to be successful rather than staying firm to just traditional events o Realize that changing economy requires Council Members to think out-of-the box and be flexible and open to various community events
V. What are some challenges and/or areas of concern facing the City? • Unfunded OPEB and pension-related costs (need more public education) • Addressing the impact of the legalization of cannabis • Deferring capital projects and an aging water resources infrastructure • Adequately securing future water resources in an effort to get water independence beyond State water • Traffic concerns along 246 – too many automobiles • Taking on too much financial liability (staffing) without offsetting revenues • Need to update the General Plan • Ensuring that spending on the SVCB is commensurate with an increase in sales tax and TOT receipts • Council not being open to new ideas beyond Danish themed events • Educating the public on how tourism actually helps the City
VI. What are some of the City’s recent accomplishments? • No water rate increases and improved water management practices • Progress made on the WWTP study • Cooperative working relationship with the SYB of Chumash Indians resulted in a new Fire Department ladder truck • Aesthetics of undergrounding power lines • Funding for a study on the Sunny Fields Spur options • Support of Santa Ynez Valley Bicycle Master Plan by the Santa Barbara County Association of Governments • Better off financially than other cities • Getting Well 22 on-line • Willingness to work with ID1 and open up dialog • Improved Council Member relations and a willingness to work together and to value other Council Members’ opinion • Solvang Conference & Visitors Bureau continues to bring in tourist (well run) • Working collaboratively with the Solvang Chamber of Commerce • Bring to fruition and extended the life of the Santa Ynez Valley Tourism Business Improvement District (dba Visit the Santa Ynez Valley) • Ability to maintain a pleasant pedestrian-friendly walking town with limited staffing resources
7 127 • Collaborated to saved the Danish Inn/Solvang Brewery’s windmill • Artwork in the City • More diversified Council with younger members • Numerous successful community events (car shows, Danish Days, parades, etc.) • Got Caltrans to install two right turn arrows onto Highway 246
VII. Interests of Council Members - that staff should be made aware of….. • Water and Sewer rate stabilization, along with water quality, water management, and water independence • City finances - more financial reporting and looking at cost control measures • Traffic mitigation measures (possibly better synchronization) & bypass • More community workshops and forums • Economic development – more diversified tenant mix and more infill projects • Concern about the future of library funding and operations • Anything tourism-related as it is the lifeblood of the General Fund • Keeping the lines of communication open with the SYB of Chumash Indians • Revisiting the annexation issue and sphere of influence matter • Preserving the City’s Danish Culture • Changes in tourism and an increased interest in wine-related tourism • Utilizing the Santa Barbara County’s Conservation Blueprint • Pursuit of Safe Routes to School Grant Funding for the Sunny Fields Spur Class 1 Bicycle Trail • Bringing back the Amgen Tour of California
Summary The workshop was very successful, there was good representation from the general public in attendance, Council was able to prioritize the City’s Goals for 2018-19 as well as address what work-related norms are essential for establishing good working-relationships amongst Councilmembers, and with City staff.
Respectfully Submitted:
RICHARD J. HAYDON Principal
8 128 EXHIBIT “A”
9 129 10 130 May 22, 2018
ADVANCE CALENDAR
Below is an Advance Calendar of anticipated agenda items. The dates are tentative but reflect an overview of items to come. Items on this advance calendar are subject to change. Final agendas will be available on-line and at City Hall at least 72 hours prior to the meeting date.
MEETING DATE AGENDA ITEM ACTION
June 11,2018 Annual Preliminary Budget Workshop Review Conflict of Interest Code Review Discuss Santa Barbara County Sheriff’s Contract Approve
June 25, 2018 Final Budget Adoption & Grant Agency Funding Adopt FTA 5311 Grant Agreement Adopt Appropriation Limit 2018-19 Adopt Mobile Crisis Services Contract Renewal Approve
July 09, 2018 Accessory Dwelling Unit (ADU) Ordinance Amendment Adopt Appointment to Library Advisory Committee Approve Building Permit Fees Approve
Annual/Future Scheduled Capital Improvement Program (August) Approve Stormwater Management Program Annual Report (November) Receive Appointment of Mayor Pro Tem (December) Approve Comprehensive Annual Financial Report (February) Receive Mid-Year Budget Adjustments (1st mtg in Feb) Approve *Public Hearing Notice Measure A 5-Year Local Program of Projects (2nd mtg in Feb) Approve Investment Policy Annual Review (March) Review Solvang Mesa LLMD Annual Assessment (March) Adopt TDA Grant Funding (April) Adopt Amend Appropriation Limit (June) Adopt FTA 5311 Grant Agreement (June) Adopt Annual Budget (June) Adopt Conflict of Interest Code Review (June 2018) Discuss Appointment to Library Advisory Committee (July 2019) Approve
Unscheduled Uses Permitted in the TRC Zone Consider Water/Sewer Connection Fees Approve Ordinance Amendment- Snowbird Meter Fees Consider
131 Storm Water Resource Plan Consider SYCSD Recycled Water Planning Study Findings & Los Olivos Request Consider Library Funding and Contract Consider OPEB Liability Presentation Hear Zoning Code Updates, Ord Amendment Adopt Public Works Municipal Code Updates, Ord Amendment Adopt
Warrant Register (1st meeting of each month) Approve Public Records Request Register (1st meeting of each month) Receive Sheriff’s Department Report (2nd meeting of each month) Receive SCVB Report (2nd meeting of each month & biennial report) Receive Fire Department Report (Quarterly) Receive VisitSYV Report (Quarterly) Receive
132 REQUEST TO ADDRESS THE CITY COUNCIL
I would like to speak to the Council:
Name (Please Print)
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Date: 5 Phone: lof>h -[ 2-l / --+-,/2_~ --7 +-f--~ ~--- -~------
ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL
Please walk to the rostrum and after receiving recognition from the Mayor, state your name and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion.
You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated.
Council rules call for each speaker to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speaker. THf: AMBASSADOR O 0 NMAR'i< H . E: . LARS G . LOSE REQUES-TS- THE PLEASURE OF 'r'OU COMPANY
JO I N U A w IINAUG RAT A N V CHAPTER OF CU . TUR L COL ABORA ION
BET ✓ EEN OEN1oARK AND THE U 1ITED '5 AlE5
GUEST OF HONOR :
HRH THE CROWN PRl1 N1CESS OF DENMARK
l''ERfOR I\ND • eA!H I . VAL. • A.D EfiR IY DANJIS, · M C 'R:OitlH.' EIIY
A 3 . 2 0 8 a I 8 PM NORl:H C . U f!.11" , '16 NW . ARK T U . EA HE- . W D !IS.COD : IUS ,1NE SS A T Ht . RHIP : Nordic M useum's Chief Executive Officer Eric Nelson
Requests the pleasure of your compan1 at the Grand Opening Gala
Nordic 2655 NW M arket Street Museum Seattle, Washing1on 98107
Formal or traditional attire GRAND You are also invited to attend these OPENIN ·G additional events during the Grand Opening weekend.
GALA Friday, May 4 Cultural Community Gathering FRIDAY, MAY 4, 10-11:30am
2018 AT 6PM Dagfinn H0ybraten, Secretary General of the Nordic Council of Ministers, will lead a panel discussion with Ralph Appelbaum and museum directors fro Denmark, Finland, and the Faroe Island
RSVP Saturday, May 5 Official Grand Opening and BY MARCH 7, Ribbon Cutting Ceremony 2018 12-1pm
2 Nordic Museum
CULTURAL COMMUNITY GATHERING
Friday, May 4, 2018
WELCOME Eric Nelson CEO, Nordic Museum
KEYNOTE Dagfinn H0ybraten ADDRESS Secretary General, Nordic Council of Ministers
THE MUSEUM AS A PLATFORM FOR NORDIC PERSPECTIVES Moderator Nauja Bianco Greenlandic freelance journalist Former Senior Adviser, Nordic Council of Ministers
Panel Elina Anttila Director General, National Museum of Finland Mikkel Bogh Director, National Gallery of Denmark, Copenhagen Lars Heikensten Executive Director, The Nobel Foundation, Sweden Ralph Appelbaum President and Founder, Ralph Appelbaum Associates
CLOSING Eliza Reid REMARKS First Lady of Iceland, Cofounder of·lceland Writers Retreat Nordic Museum
GRAND. OPENING GALA
Friday, May 4, 2018
WELCOME Eric Nelson CEO, Nordic Museum
REMARKS Guoni Th. Johannessen President of Iceland
Her Royal Highness the Crown Princess of Denmark
Jay lnslee Governor' of Washington State
Maria Cantwell US Senator, Washington State
Dagfinn H0ybraten Secretary General of the Nordic Council of Ministers
Karin Olofsdotter Ambassador of Sweden
Kirsti Kauppi Ambassador of Finland
Kare Aas Ambassador of Norway
Irma Goertzen President, Nordic Museum Board of Trustees REQUEST TO ADDRESS THE CITY COUNCIL
I would like to speak to the Council:
Narne- __Q~-,______,-c;-"1"'\ ___ ---\Jo-rQ.__5__ , ______(Please Print)
Organization Represented, if any ______
Subject: Nl Date:j 25 lcS (~) 2_ L/5- g 35~ I / Phone: ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Please walk to the rostrum and after receiving recognition from the Mayor, state your name and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. Council rules call for each speaker to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speaker. f-\upay , weL,nai maKe mroaas mto U~ to help Chinese tourists I Mobile Marketer Page 1 of 3 BREAKING: We are currently experiencing technical difficulties and some articles are unavailable. Thanks for your patience. X e MOBILE MARKETER' Alipay, WeChat make inroads into US to help Chinese tourists By Robert Williams • Nov. 22, 2017 Brief: • China's Alipay and WeChat are making inroads into the U.S. as tourist promotion organizations tout new initiatives to welcome Chinese visitors. Six million Chinese tourists are expected to visit the U.S. by the year 2020, making Chinese tourism the fastest-growing segment to North America, per a statement. • Stony Brook, New York, a small town on the North Shore of Long Island, next month will start accepting payments from Alibaba's Alipay payment app and Tencent's WeChat social media app. Stony Brook, which is 60 miles from Manhattan, said most of the businesses in the town partnered with cross border mobile payment company Citcon to accept Alipay and WeChat. • Destination DC, the official marketing organization for Washington, DC, expanded its partnership with WeChat by launching the first City Experience Mini Program in the U.S. to support Chinese travelers when they arrive in the city. The program lets WeChat users browse an interactive guide to the U.S. capital and find attractions that have audio tours in Mandarin, per a statement. Insight: https://www.mobilemarketer.com/news/alipay-wechat-make-inroads-into-us-to-help-chine. .. 5/1 8/2018 Allpay, wecnat make 1moacts mto US to help Chinese tourists I Mobile Marketer Page 2 of 3 The U.S. tourism industry recognizes the need to appeal to Chinese visitors as the country's growing middle class shows its increased spending power abroad. These consumers are also mobile-savvy, so they are likely to embrace the ability to pay via mobile and finding traveling tips on their phones. Mobile is an increasingly important part of the travel experience for smartphone owners around the world. While U.S. social media platforms are banned from China, Chinese companies like Alibaba, Tencent and Sina have comparably unfettered access to the U.S., which means their vast user base is open to receive more information about where to visit and shop while in the U.S. While the Trump administration's contested travel ban on visitors from seven Muslim-majority countries has had a chilling effect on tourism to the U.S., the trends for Chinese visitors remain strong. In fact, Chinese travelers were the only group that claimed the political climate in the U.S. under Trump made them more likely to visit than before, according to a study by tourism marketing firm Brand USA. Even though Trump blamed China for stealing American jobs as part of his presidential campaign, Chinese visitors said he will be an effective leader or make the country safer for visitors by addressing crime and terrorism threats. The number of Chinese tourists to the U.S. rose 15% to 2.97 million last year from 2015, while their spending grew 9% to $33 billion, according to the U.S. Commerce Department. That makes Chinese tourism a major bright spot for the U.S., which saw a 2% decline in overall visits in 2016. Recommended Reading: C PRNewswire Long Island's Stony Brook Community is First in the United States to Accept Alipay and WeChat Pay [1 PRNewswire Washington, DC Expands Its Partnership With WeChat To Cater To The Chinese Tourist Market [1 https ://www.mobilemarketer.com/news/alipay-wechat-make -imoads-into-us-to-help-chine... 5/18/2018 lttKtJ:~; (JUt:SllUN:S With Wei Jiang, COO ofCitcon - Home Page 1 of 4 - THREE QUESTIONS With Wei Jliang, coo of Cit:con ADJ.Ill~• AAII. 'D, 2016- 0 CCNt.lOlTS BY REBECCA RENNER April 27, 2018 Wei Jiang is the president and chief operating officer of Citcon, Inc .. a mobile payment and marketing platform that connects Chinese travelers to international merchants. Prior to joining Citcon in the summer of 2017. Jiang led the consumer and commercial prepaid product and Search ... 0. innovation team at Visa. He also led Visa's U.S. product marketing team for debit. prepaid, commercial and small business products. which together represent more than 80 percent of Visa 's U.S. payment volume. ARN 's Rebecca Renner spoke to Jiang about the prevalence of Recent Posts mobile payment in China and its future for U.S. markets. Veea and CITCON Partnership Enables Retailers and Renner: How many Chinese travelers come to the U.S. every yea r1 How might Chinese travelers· Restaurants in the United expectations from airport concessionaires differ from the expectations of travelers from other States to Accept Alipay and regions? WeChat Pay Jiang: By the end of 2017 there were around 3 million Chinese travelers coming into the U.S.. THREE QUESTIONS With Wei spending more than 30 billion U.S. dollars. This number is expected to double by 2020. Jiang, COO of Citcon Essentially, we're expecting 6 million Chinese travelers to the States and the spending will also Shift4 Payments Partners double to 60 billion U.S. dollars. The average Chinese traveler spends $7,000 U.S. dollars per trip. with CITCON to Announce Large parts of this are spent on shopping. transportation and dining. Shopping accounts for the Availability of Alipay and largest part - almost $3.200 dollars per trip. WeChat Pay Acceptance for North American Merchants Three or five years ago, the whole U.S. tourism industry had been trying to launch a campaign called China Ready. The tourism industry has been preparing for a Chinese market for such a long International Shoppes Adopts CITCON Cross-border time, because they see the fact that Chinese tourists are coming to the U.S. and are becoming Payment and Marketing the biggest tourism spenders. By 2021, China will become the number one international tourism Solutions to Welcome Chinese market. The whole industry. including attractions. transportation. and hotels. they're all preparing Customers to welcome Chinese travelers. Of all the efforts to welcome Chinese travelers. mobile payments is one of the easiest ways to make Chinese customers more comfortable. As soon as Chinese LOG Software Annou nces consumers see the logo of WeChatPay or Alipay on the counter, they understand immediately Integration to Ena ble Alipay and WeChat Pay for North that they are welcome. WeChatPay and Alipay are the most preferred ways to pay in China. American Retailers Renner: Why you think that WeChatPay and Alipay have been so popular in China compared to other modes of payment? Recent Comments Jiang: A few years ago, cash was still king in China. Then China literally leapfrogged from a cash based society to mobile payments. China didn't really have much of a history of credit card use. If you go to China. you'll see QR codes everywhere because of the two parent companies. Alibaba Archives and Tencent. Alipay rose as the payment instrument for Al ibaba and its e-commerce platform http://www.citcon.com/three-questions-with-wei-jiang-coo-of-citcon/ 5/18/2018 ltlKh.b \,lUh:SllUN:S With Wei Jiang, coo ofCitcon - Home Page 2 of 4 Taobao or Tmall. the largest e-commerce platform in China and also the largest in the world as May 2018 well. Chinese consumers initially used Alipay as the payment instrument for them to shop online. April 2018 WeChat is the biggest social media platform in China. Now they have over 1 billion active users March 2018 monthly, which is huge. WeChat payment was initially used as user-to-user payment. Now mobile payment has done so much to make the purchasing experience in China so convenient that February 2018 people would much rather use it than cash or credit card. December 2017 November 2017 Renner: What effect has Citcon had on North American airport concessionaires? October 2017 :Jiang: Citcon is the largest mobile payment service provider or partner to both WeChat and August 2017 Alipay in North America. Since early 2017. we have been working with over 3,000 merchants in June 2017 the U.S. and more than 10,000 locations the U.S. When we talk about airport or travel retail. we do see very strong demand from the market from the airport concessionaires. We are in ten airports May 2017 and we have been in a 110 locations including with DFS Group, Pacific Gateway [Concessions]. April 201 7 iShoppes, and Duty Free Americas. We see very strong performance from the all of those March 2017 merchants. So we can already see that by accepting these mobile payments. airport concessionaires can attract more traffic from Chinese consumers and attract more revenue. February 2017 Categories CS HARE STORY : ) Customer Media Related posts Partner G;) Press release NIKKEi Uncategorized ASIAN REVIEW ~= Jing Travel Meta US merchants The Chinese U.S. Tourism and Log in adopt Chinese Tourist Was Front Hospitality Entries f:l.~~ app payments to and Center for Stakeholders Comments RSS draw big spenders Alipayand Embrace Chinese WordPress .org ADM IN - DECEMBEll 19, 2017 WeChat Pay in Mobile Payments 2017 ADMIN - NOVEMBER 23. 2017 ADM IN • DECEMBER 10. 2017 Tags CMOBILE PAYMENT ) ( WECHAT ) Categories Customer [8) Media (11) Partner (4) Press rel ease (15) Uncategorized (4) Veea and CITCON Partnership Enables Retailers and Rest aurants in http://www.citcon.com/three-questions-with-wei-jiang-coo-of-citcon/ 5/18/2018 Yroauct - Home Page 1 of 3 (9c1TCON Product Industry , Developer About v Contact Sign in Get your business reaclj for Chinese consumers Offer Chinese consumers' preferred payment choices: Alipay and WeChat Pay Accepting Alipayand WeChat Pay is easy Our unique omnichannel payments technology makes it easy for customers to shop seamlessly from Unlock the power of Alipay Tap into WeChat Pay's massive user your online store, your mobile ALIPAY base app, and your physical stores at WECHAT PAV their convenience. You'll provide countless opportunities for delighting shoppers, building loyalty, and increasing revenue. More than half of China·s population The most popular instant messaging app in depends on Alipay's payment service. China, WeChat builds a unique social Chinese consumers who use mobile payments Alipay's market share includes about 71% of community for its users across the globe. 70% Chinese mobile users. Alipay and WeChat Pay market share in China 93% http://www.citcon.com/product/ 5/18/2018 rruuucl - ttome Page 2 of 3 Scale your business ~ 40% - lower fees ~ ~ Attract more customers with Alipay and WeChat Pay Strong marketing support and Bank-level securityHigher higher transaction volumes and merchant fees are as much as free promotion resources approval ratesNo chargebacks no daily caps, so you can grow 4096 lower than international throughout the year help you or fraud liability sales with Chinese customers credit card fees drive business growth Accept payments anytime, anywhere Whether your business runs on desktop or mobile, we've got you covered For online and in-person payment solutions, meet customer demand in any payment scenario API Integration L - C Hosted Payment ---·- s WeChat Official Account&. Mini Program p Online Invoicing Rates to help you succeed Our rates are easy to understand Most competitive rate compared to international credit card processing Offline: 2.7% + 15 cents No chargeback Online: 285% + 30 cents No hidden fees 'International cr0dit card rate: -3.5% - 4.4% No monthly fees http://www.citcon.com/product/ 5/ 18/2018 Untitled http:/ /wp.citcon-inc.com/ travel/ Citcon mobile Our POS terminal on-the-go does everything you need for in-person payments. No upfront cost or additional terminal needed. Use your own device to accept Alipay and WeChat Pay immediately. Available for free download on both App Store and Play Store. Standalone POS As easy as entering the payment amount and scan customer's mobile wallet. Our versatile POS terminal helps you process mobile payments over WiFi or 3G / 4G networks. POS integration Enabling Alipay and WeChat Pay on your own POS system is just a matter of making one API call. Top POS vendors are already Citcon's partners. API integration Online payment integration is made easy through our APL Whether your business runs on desktop, mobile, or WeChat, we've got you covered. http:/ /www.citcon.com/ contact/ Headquarters 4500 Great America Pkwy. Suite 250 Santa Clara, CA 95054 Offices New York Los Angeles Page 1 Untitled Toronto Beijing Hangzhou Contact info [email protected] + 1-888-254-4887 Page 2 51291:'',. 0 11 1:n ... .. , ,.,.., ,.... '"- .... • n ...... ,....i... :...... , ...... ~ ...... : .... : ...... , ...... a 0 . .... : ...... , ...... : ~ ... .. One photo shows that China is already in a cashless future Harrison Jacobs II 3m t. <,,272 REC O MME NDED FOR YOU Here Is Michael Jordan's 56,000- square foot house in Ch icago and why It Is still on the market after 6 years AOV E: R'f!SEM€N r S TRAT EGY Forget about t ipping in guitar cases. Chinese people give money to street musicians and panhandlers with their phones. Harrison Jacobs/ Business Insider • Mobile payments have become so common in China that paying with cash is practically unheard-of, even with street performers and taxi drivers. • The mobile payment market is dominated by two apps, WeChat Pay and AliPay, which have hundreds of millions of active monthly users and malce Apple Pay's 127 million global user base look small in comparison. V I D E O S YOU MAY L I K E by Taboola • Paying by phone became popular in China in part Ridley Scott Is about to show us because credit cards never gained the popularity a world where the Allles lost they see elsewhere in the world, and because the World War II infrastructure for mobile payments was already in place. lvanka Trump's lnstagram put her at the center of a controversy • Phone-scannable QR codes also mean that anyone over her lavish ... can become a merchant, since you don't need hardware like a card or chip readers. A Na vy SEAL e xplains what to do if you're attacked by a dog Paying with your phone isn't a novelty in China these days. Paying with cash is. W a tch Prince Harry and M eghan Markle joking around Over the last 15 years, mobile payments in China have when the m ies ... grown into a $16 trillion market dominated by China's two biggest tech giants -Tencent and Alibaba. Mobile A.DVERl !SEMENT payments totaled $9 trillion in 2016, according to iResearch 1/7 5/29/':'"" 0 I\ 1: n ...... ,,., .... ,...h ... t. n ...... _.._...... f"'h :- ...... t- , ...... , ...... --· , ... ; ... : ...... , ...... :a. D , ..... : ...... ; ..,,.. .. mooue payrnerns Ill t\JlO, accorumg LO a i-orrescer Research estimate. v X Tencent and Alibaba's competing mobile payment apps - WeChat Pay and AliPay, respectively - are used by just about everyone in China, from fa ncy restaurants and high end designer boutiques down to street vendors, taxi drivers, and even panhandlers. F RO M T HE W ES The depth to which the payment method h;is become part of daily life was driven home for me on a recent visit to the It's Like eBay, But Everything Sells In 90 city of Xi 'an, a city of 13 million in northwestern China. At Seconds. the gate of the city's ancient walls, 1 happened upon a group of Chinese students gathered to listen to a few musicians sing on a Saturday night. Meghan Markle Is Moving to the Palace: ,.,.,,,.,See Her Former Home ADVERTISEMENT This is not an uncommon sight in New York, where in nearly every metro station, a musician is strumming a guitar with his or her guitar case dotted with dollar bills. SPO NS O R ED B US I NESS CONTENT But the musicians in Xi'an had no open guitar case. This $1 ,55 Stock Could Blast Higher Due To Trump SeVi!n Figure F'obltshiog At first I wondered how the musicians might receive tips. Grow Your Business with Fast and But every couple of songs, one of their fri ends held up two Reliable Internet, Phone, and TV. Co,uc•t.11: BuS-'Olt,S cards printed with QR codes - one for Ali pay and the other The Deep State's Plot to Bankrupt for WeChat Pay. Dozens of the attendees lifted up their America Oetip Slllte Decsas,ir~ phones and, in seconds, had scanned the QR code and sent a few yuan to the performers. Prime homes in New York's SoHo take big price cuts Fmunclul Tune$ It was genius. Harness the Power of Volatility for Your Trading Strategies T1a::H1 Chew VIX Opoun1; No more digging around for loose change and finding you only have a $20 bill. No more trying to push your way to the front of the crowd so that you can deposit a few coins in the guitar case. Only a couple of clicks. FEATURE D In China's major cities, mobile It's time for better capitalism More NBetter Capitalism" » payments are the preferred way to Silicon Valley could help the last pay for just about everything people you'd expect - and Elon Musk has given SIS million to a co ntest that wi ll prove it More "Better Capi talism N... BU S IN ESS I NSIDER I NTE LL I GENCE EX C L USIVE ON AR TIF I C I AL INT EL L IG EN C E Harrison Jacobs/Busrness Insider r.ttp :/, yyyyvw . vu.:,111c;.::,.::,111.::,1uc;1 . 1.,;v11 11 a11pay-vwc;1.,;11al-t.JOy-1.,;1 11110-111vv11c;-poy11 1c;11l.::,-.-=,u c;ca-vc;11uv1 .-=,-111u.::,11.,;101 1.-:,-4v I v-v 2/7 111:n ..... \Al ... ,...&..- .... • n ...... ,,...... ,....a..-: ...... 1 ,.. .. ,...... , ... · ,.. · ...... ·• o . . ... · ...... , ...... men-savvy mwenma1s, except ror rnt: 1aCL rnat sucn uses 01 INSIDER mobile payments are common, and not just with young I NTE L LIGEN C E people. ✓ Al 101 X ADVERT!SE MENl GET BUSINESS INSIDER INTELLIGENCE'S EXCLUSIVE REPORT ON THE FUTURE OF DIGITAL HEALTH Tencent's WeChat Pay has a whopping 900 million monthly active users, while Alipay, from Alibaba affiliate BUSINESS Ant Financial, has over 500 million monthly active users . INSIDER \ i,tf l l. l l G I ~ C I Almost all of those users are Chinese nationals. For comparison, Apple Pay has 127 million users globally and it comes pre-installed on every iPhone. Walking through the colorful Muslim Quarter street market in Xi'an the following day, I noticed that all of the food ve ndors had set out AliPay and WeChat Pay QR codes for tourists to pay for their food. I was the only one paying in cash. THE TOP 5 TRENDS SHAPING THE FUTURE OF I saw the same at street-side fruit stands in Shenzhen and DIGITAL HEALTH Beijing weeks later. One coffee shop in Beijing didn't even have a register, only a QR-code scanner. I had to leave and go to a different cafe because all they accepted was mobile payment. Phone-scannable QR codes means that anyone can become a merchant. No one needs hardware like a card or chip ADV F..R l !StMF.NT readers. All you need is an account and your personal QR code. Print it out on a sheet of paper and anyone passing by can send you money. Or simply scan the QR code of the person trying to pay you. ALWERT ISEM C.: Nr Ninety-two percent of people in China's top cities said that they use WeChat Pay or AliPay as their primary payment method, according to a 2017 study by Penguin Intelligence. And the amount spent per month through those services keeps going up. Chinese spending using cash, howeve r, is clown around 10% over the last two years, according to The Wall Street Journal. Young Chinese people I spoke to said they rarely carried a wallet or cash at all. There was no point. Smartphones we re the easiest way to pay for things, so why bother? 3/7 5/29/~n•o 1\1:n ..... \Af,..f""h.-. • n ...... --...... f""L..: ...... t- ...... 1 ...... _ ,, ... • ... • ...... · • o ,, ... · ...... , ...... , ...... popular in China for two reasons X Harrison Jacobs/Business Insider It is clear that mobile payments have taken off in China in a way that they have yet to in the US or Europe. While it is tempting to suggest that this has occurred because China is so far ahead technologically, the reality is that it comes down to existing infrastructure. ADVERTISEME NT Credit cards were never popular in China, due in large part to poor options, cultural attitudes about debt, and, until recently, the lack of disposable income. China's state owned banks, meanwhile, are notoriously difficult to deal with. When AliPay launched in 2004 as an escrow-service between buyers and sellers on Taobao, Alibaba's massively popular consumer-to-consumer e-commerce platform, it provided a much needed layer of security and trust. By the time it evolved in a mobile payment service in recent years, it already had a large user base. And compared to signing up for a credit card or using the state-owned banks, Ali Pay was infinitely more user-friendly. Meanwhile, WeChat Pay is a function within WeChat, Te ncent's messaging app that is used by more than 1 billion people. It has been China's most popular app for some time. The payment function was launched in 2014 during Lunar New Year, when it is common in China to give friends and family red envelopes of cash. Tence nt drove adoption by allowing WeChat users to gi ft digital red envelopes of money to groups of fri ends. Users who opened the packets first - and, in the process, signed up for WeChat Pay - got bigger sums. WeChat Pay saw 16 million red envelopes get sent in the first 24 hours of launch, according to The Wall Street Journal. Pretty quickly, the app became the primary way 417 5/291':'"• 0 /\ li n .... ,, \1\1,..I"'&,..,...• n .... ,, ...... ,..._...... ro ,-..i,.. ;_,,..,..,...... ,,,...... ,1,..,.,...... · ... • ...,..,.,.. , ,,....., · • 0, ,,.. · ... ,..,..,.. l ro ,..·,.i,..,. • • s1m11ar co venmo m me u;:,. Alibaba and Tencent are sitting"on a X treasure trove of consumer data Facebook founder and CEO Mark Zuckerberg and Founder and Executive Chairman of Ai baba Group Jack Ma laugh as they meet at the China Development Forum in Beijing, China, March 19, 2016. REUTERS/Shu Zhang The benefits for Alibaba and Tencent go far beyond the transaction fees collected. The ubiquity with which Chinese people use mobile payments means the companies are sitting on a treasure trove of consumer data . .\OVERT1SEM[N I' WeChat and Taobao, Alibaba's primary app, both serve a variety of functions from messaging, social networking, and e-commerce to taxi-hailing, bike-sharing and travel booking. The consumer data from payments is used to build detailed profiles of each user, which can then be monetized for marketing purposes directly within their apps in ways that even Face book and Google would salivate over. For example, that baby formula that you bought from the convenience store is telling Taobao to start sending you acts and promotions for other infant products to buy directly in the Taobao app. Further, both Tencent and Alibaba have credit scoring businesses -Tencent Credit and Zhima Credit, respectively - that heavily factor payment histories into thei r scores. Both companies are beginning to introduce other fi nancial products, such as loans and money market funds, as well. In terms of market share, Ali pay has 54% compared to 40% for WeChat Pay, according to iResearch Consulting Group. But the battle for who will dominate the mobile payments industry is only just starting to heat up. NOW WATCH: Why China's Yuan, not the Euro, could become the dominant global currency More: Ahpily Alipay Wallet WcCh.:; t Pay WcChat v http:/, .,.,.,.,n· .vu.:>111c.::i.:>111.::i1u c1.vv11110111-'o y-,.,c:;"'1 ,o~-..., oy-'-'• 11110-111vv11c-t-1oy, 11c;1 n..::i-.:,u cca-yc11uv1 .::i - 111u.:,1v1011 ,.> -LV I v-..J 5/7 REQUEST TO ADDRESS THE CITY COUNCIL I would like to speak to the Council:- - (Please Print) Organization Represented, if any_::5~~-0_\J_f)~~------ ..---:--- Subject: \ 0-<-1v~... t~ Agenda Item#:---- - Resident of Solvang Yes ___ Phone: ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Please walk to the rostrum and after receiving recognition from the Mayor, state your name and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. Council rules call for each speaker to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speaker. Best 'Main Street· Shopping Districts in All 50 States Andrew Lisa 4/6/2018 • ••• YOU MAY LIKI Sponsored Links by - ~ - ..._.... , ~ ~ - , ~~ ,/51 SLIDES © NaughtyNut/shutterstock Full screen @ . ---.::::. ~ -~- REQUEST TO ADDRESS THE CITY COUNCIL I would like to speak to the Council: Narne_~S~a~b~'l-~~e-~O=--.,e_ve~s~ <:-M______(Please Print) Organization Represented, if any------ Subject: __b~ i~K~e----'S~O....~~-e.:=~'---+--'/------Agenda Item#: _____ Resident of Solvang Yes V No--- Date: ~o...y 2 q I I .3 ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Please walk to the rostrum and after receiving recognition from the Mayor, state your name and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. Council rules call for each speaker to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speaker. It i13~N01 ~';135 33 \ )I ~~ ! :3'JIVW \\IM. J..l 1WV Denmark's capital city joined with 21 of its suburbs to create a common vision on how to get commuters out of cars and onto bikes. COPENHAGEN, Denmark - Each weekday morning here, hundreds of commuters in the municipality ofFures0 get on their bikes for the one-hour ride into Copenhagen. The path is thick with cyclists, not just the long-distance commuters but also girls with flowers on their bike baskets and parents hauling kids in bicycle trailers. This is Route C95, also known as the Farum route, one of two cycling "super highways" that have recently opened here. They're part of a fast-growing network of bike infrastructure targeted specifically at suburban commuters, featuring smooth pavement, good lighting, separation from traffic, safe road crossings, rain shelters, and air pumps. A total of 28 routes with 467 km (290 miles) of cycle paths are planned. Eleven of these will be ready by the end of 2018. It won't surprise anyone to hear that Copenhagen, world famous for its bicycling culture, is up to something big with bikes. What's less well known is how Copenhagen's latest innovation happened. It's a remarkable story of regional cooperation, forged by one big city and 21 of its smaller suburban neighbors, who came together around a common vision for moving commuters from using their cars to riding their bicycles. Targeting congestion: \...l ______..> \ -) \:\ ' ---~ ~ ~\-~:~1:n-~ -...,...l---- 'r·J\rr '"----.,__ . \ I In the Copenhagen region, 28 commuter bicycle routes, covering 467 km (290 miles), are in the works. Routes in dark orange are completed, light orange are funded and gray are planned. With no congestion toll in sight, Copenhagen decided to tackle the problem from a completely different angle. Instead of deterring driving, why not encourage b~ing? Planners were starting from an enviable position: In Copenhagen, nearly 60 percent of all trips of less than 5 km are already made by bike. However, for trips of more than 5 km, that falls off to 20 percent. Nudging that number up to 30 percent would equate to more than 50,000 more trips per day by bike. That would go a long way toward relieving congestion and helping Copenhagen meet its pledge to become a carbon neutral city by 2025. All that exercise also would have a positive impact on public health. Another plus was existing infrastructure. Most municipalities in the Copenhagen region already have local bike paths. But they're of varying quality and don't link up in straight-enough lines to make long-distance riding efficient and attractive to daily commuters. A 2008 survey of commuters showed that one in three people who normally drive would switch to a bike if there were more direct bicycle tracks with a consistently high standard of quality from one municipality to the next. Joining forces: With the commuter survey in hand, the Copenhagen Mayor for Technical and Environmental Administration invited civil servants from the suburbs to a meeting to discuss the possibility of developing a concept for better cycle ways. The approach sent a clear signal: This was to be a joint project among all the municipalities, and not just a project steered by Copenhagen. Reaction was very positive - almost every municipality in the region sent a representative to the first meeting. Afterward, a group with planners from the 22 municipalities started to develop the concept. There was some amount of peer pressure among at work, Streuli says. "The others are doing it, so they feel the need to act as well," she says. If inclusiveness was one goal, another was to dream big. Streuli didn't want the original vision to be hampered by worries about cost. This freed the planners to develop innovative ideas like timing stop lights at road crossings to favor bikes rather than cars. Another idea was to include "conversation lanes" wide enough for two people to ride side-by-side and talk. Local Leeway: Nobody is more excited than Bondo Christensen. The mayor pedals from his home to town hall each day, making part of the trip on the new path. He wishes that route had been in place during his previous job. "Before I became mayor in 2010, I worked in Copenhagen some 20 kilometers away," Bondo Christensen says. "I very often went by bicycle. The state of the bicycle path made it very clear to me that an upgrade to cycle super highway was necessary." Citizen input inspired Fures0 to light its section of the Farum route with small light diodes. (Peter Hovmand, Plot Foto) Where Copenhagen might focus on widening bike paths to accommodate dense bike traffic, Fures0 focused on upgrading lighting. (One stretch in Fures0 traverses a dark forest.) Citizens were asked what kind of lighting they liked. They chose what at the time was a new technology: Small light diodes embedded in the road surface. The choice has proven popular with cyclists. It also gave the Farum route a twist, telling riders that something new was happening on the existing bicycle path. In terms of maintenance, the municipalities have made a joint agreement. Each municipality is responsible for running and maintaining its part of the path, in close dialogue with the other municipalities and the secretariat. One of the most important parts of this agreement is that shoveling snow on the paths gets first priority in all municipalities, just like any highway would. This is meant to ensure that cyclists don't encounter clear paths in one suburb only to find the route impassable in another. In Fures0 maintaining the cycle paths has just as high priority as maintaining the roads - and the municipality gets praise for the high level of maintenance from the bicyclists. When asked how much Fures0 spends on maintenance on the cycle super highway, Mayor Bondo Christensen sounds a little surprised. "It is a very small amount of the budget," he says. "And the money is very well spent on securing a better climate and healthier citizens. Here are the highlights from an article about bike infrastructure in Denmark: www.citylab.com Great ride with the Mayor the other day. What we need is to keep up with it's time of a better and healthier solution that can benefit us all including our 1.5 mill visitors a year. Denmark has continued to innovate into green solutions and in order for this town to stay Danish we need to do so as well. Why is there no room for innovation of a greener and healthier and more family friendly town that can help boost tourism and gaining a different crowd of visitors? Why is Solvang taking so long to get things moving for a positive change? Why not collaborate with Buellton, Santa Ynez, Ballard, Los Olivos to get the villages connected to .install a scenic and safe bike path? For example: A bike path is installed appropriately, when you can have your 5 year old riding along with you. So what we have on Alamo Pintado is not wide and safe enough for children and families to ride on. Have you ever wondered why there are only 2 bikes in the bike rack at Solvang school andjust 30 minutes away (VAFB) the bike racks are filled up with bikes. Why is that? The answer is safe bike paths to/from school. · Why does it take Solvang many years to pave 1,5 miles of a bike path by Jim's gas station to the high school, but it only takes Copenhagen 11 years to add 290 miles of a safe and very well connected superhighway bike route that connects 28 towns together? Where is the choice for our children and students to be able to use the bike as a transportation? They have to rely on friends and parents to drive them around. They can't safely ride to school from their home. We can't safely cross the road on Mission Dr. to get to the other side unless we walk our bikes across. Why is it so easy to say "No! It can't be done", when we have all the right ideas, plans, people that are willing to make the change. What are we waiting for? The people who participated at "ride with the Mayor" are so eager to make the change and I know this is the peak where we need to focus on what is good for the people and the city as well. We have been stuck in the old ages way too long while the world around us is cruising forward with innovative solutions while we are still stuck. NO need to expand the town that will just destroy the towns beauty. Keep this little town of Solvang special, unique, small, quant and beautiful. We chose to live here for a reason. I strongly believe the time is overdue where we need to make plans for what is best for our families, and give them the choice of transportation. Something really needs to be looked at closely when a high schooler is not able to ride safely on his bike to school, or a student's only choice is to be driven to school by the bus or parent. I have talked with the superintendent at Solvang school (Dr. Steve Seaford) as well as the principal (Pam Rennick) at Solvang school and SY school (Mark Palmerston) to add bike events to the school's program. And to my delight they are thrilled with the idea to start promoting bike safety and bike rodeos, to get the kids back on their bikes, but then again where do they go from here. They can't even drive home safe. A Charter school teacher in SY is already taking a bike ride with her 5th graders on a ride. I can keep going of the great benefits to add safe bike lanes/path to this valley and Solvang: Here are some of the great benefits bike lanes and paths can add to a person and/or community: Great heath benefits, staying fit, connecting with nature, lower stress level, create family friend events, the choice of transportation, no pollution, no noise, no traffic, bring families and communities together, increase tourism etc. There are NO negatives. We really need this, children, families, community, avid bike riders and people of all ages. It's time to turn the page. Sincerely, Sabine Ovesen. I am a mom of three boys. I have 2 jobs, artist on the side, and is happily involved with our two boys' robotics clubs. I will do my part to get safe bike lanes and paths installed in and around town. Bike Paths and Bike Parking REQUEST TO ADDRESS THE CITY COUNCIL I would like to speak to the Council: Name M\CHft--tC, if£c ~~~ (Please Print) Organization Represented, if any---'"-¾~:}-·_y__,___v.:::__ __S_ fi_O_ ~_ __,,E=:...__ _ _ _ Subject: Agenda Item #:__ _ _ _ Resident of Solvang Yes--- No,L:_ Date - -s-/zc,-1-,-----1-- il!__ __cc _ Phone: ------ ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Please walk to the rostrum and after receiving recognition from the Mayor, state your name and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. Council rules call for each speaker to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speaker. REQUEST TO ADDRESS THE CITY COUNCIL I would like to speak to the Council: Name_ 4J-[ti--'--c (.,.,_(A,_t/f.-=---(U,---'---'?(~e_ce:,._. bt_'2--______(Please Print) Organization Represented, if any_~5~J:~V__ >~ f_f'/._'J:::_~------ Subject: -~------F{ t/-1 Cc, ~ l'-f ------Agenda Item #: _____ Resident of Solvang Yes-- - No Y-- Date: Phone: ------ ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Please walk to the rostrum and after receiving recognition from the Mayor, state your name and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. Council rules call for each speaker to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speaker. REQUEST TO ADDRESS THE CITY COUNCIL I would like to speak to the Council: Name ,A.\._> !> lZ.£:i,v "f=-co t----) C) ~ (Please Print) I Organization Represented, if any C~~ ~ ~~"TE-) f-W~ ~LS Subject:_ --~ ~----~------ Agenda Item#: ~ Resident of Solvang Yes--- No?° ,,,,..- , 2--Cj Date: -::::, · \ ------ ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Please walk to the rostrum and after receiving recognition from the Mayor, state your name and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. Council rules call for each speaker to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speaker. REQUEST TO ADDRESS THE CITY COUNCIL I would like to speak to the Council: o .,, ,-...; c -\Jk \ '-- N arne ___<'- __ 1'--_ =--_,__ ,_____ ~"-J-,,-, ~_.~------(Please Print) 1 Organization Represented, if any SJ (l ,,) .> ..:B' \V< Sh-« ( S-, 0 I Subj ect: _ _ V-_" -'-M.,_,(.__2_-:2,,~\_ _,T=U-----JL:;__;_::_____,,O"""'r-,_-_ _~ __ __--_ \.__,__\______ Agenda Item #:____ _ Resident of Solvang Yes-- - No_✓_ Date: S ~ J t ('v Phone:____,&_,_&>_r:;_ _C, _{)i_D_· ~_i_G-1---3- ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Please walk to the rostrum and after receiving recognition from the Mayor, state your name and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. Council rules call for each speaker to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speaker. REQUEST TO ADDRESS THE CITY COUNCIL I would like to speak to the Council: N~e--~~ u~~A~~'------F~~tlt-1------(Please Print) Organization Represented, if any ~AVE O U. R, Subject: GO L..:$ Agenda Item #: S Yes Resident of Solvang 'y No--- Date: S--,j_Cj_ ft ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Please walk to the rostrum and after receiving recognition from the Mayor, state your n~e and address and proceed to comment upon the agenda item you wish to discuss. By virtue of Rules of Order adopted by the Council, no member of the audience will be called upon to address the Council on any subject during the time that the Council is discussing the item. Following the discussion, and prior to the vote, the Mayor may recognize any member of the audience who wishes to speak on the motion. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. Council rules call for each speak.er to limit remarks to 5 minutes, however being as succinct as possible. If speaking after someone who has given testimony on the item you wish to speak on and has covered what you would like to express, please state that you agree with previous speak.er. Solvang City Council , 05-29-18 Last meeting I spoke to the issue of Growth being one of the city goals. was pleased that the Council had dropped Goal #A-1 :, Address Future Growth Issues, down below the "Major City Goals" status and that the Sphere of Influence to be considered was to be that which was already within the CURRENT Solvang SOI. Now it appears that according to the Mr. Haydon's Workshop Report Growth has been categorized as a "high priority" and the Sphere of Influence to be considered makes no mention of "current" as opposed to "future" SOI to be studied. Since the Staff Report did not detail these four "resources permitting" goals I'm not sure which version may be up for consideration. If these "following four goals" are to be examined and perhaps pursued by the city I would like them to be spelled out by staff in their report, rather than just listed in Mr. Haydon's previous report as an attachment. I hope that the previous wording , stating "current" or "existing" Sphere of Influence as City Council had decided, would be restored to their document. Also, in the second of the "highest focus" goals, #C-1 , Create Economic Diversity, City Council had agreed to state that the "Augment the Tourism Industry with Development" goal was to specify INFILL Development, not just Development in General. Both of these goals directly apply to the issue of stating Growth as a general goal, which we oppose. Thanks for your consideration. Susan Bott, Save Our Solvang