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Solvang City Council
August 28, 2023

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Minutes
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August 28, 2023
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Solvang City Council
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M 2023-08-28 CC 1
August 28, 2023 Monday
Special Closed Session – 6:00 p.m.

Regular Meeting – 6:30 p.m.
6:00 PM SPECIAL CLOSED SESSION

CALL TO ORDER
Mayor Infanti called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.

ROLL CALL

Present: Mayor Mark Infanti, Mayor pro tem Elizabeth Orona, Councilmembers David Brown, Robert Clarke

Absent: Councilmember Claudia Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter;.

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

1. PUBLIC COMMUNICATIONS – CLOSED SESSION
Mayor Infanti opened Public Communications on Closed Session items.

There were no public comments and Mayor Infanti closed Public Communications on Closed Session items.

2. RECESS TO CLOSED SESSION – 6:01 p.m.
a. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - pursuant to Gov. Code 54956.9(d)(1)
Name of Case:

City of Solvang — Petition to Change Water-Right Permit 15878 (Application No. A022423), under protest by California Trout and National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, and comment by California Department of Fish and Wildlife.

RECONVENE TO OPEN SESSION – 6:30 p.m.

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

4. ADJOURNMENT – 6:30 p.m.

MINUTES

SOLVANG CITY COUNCIL
DocuSign Envelope ID: 64769657-AB9F-4F30-AAF4-F3A992C88FDD M 2023-08-28 CC 2
6:30 PM REGULAR MEETING

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

ROLL CALL

Present: Mayor Mark Infanti, Mayor pro tem Elizabeth Orona, Councilmembers David Brown, Robert Clarke

Absent: Councilmember Claudia Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter, Public Works Director Rodger Olds

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

PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None PRESENTATIONS:
a. Tourism Marketing Consultants’ updates
John Sorgenfrei, TJA, provided an update on tourism marketing efforts and showed a short video about Solvang.

Claudia Torkelson, TJA, discussed social media activity and metrics.

Rick Turton, TJA, discussed the City website.

Anna Ferguson-Sparks, Stiletto Marketing, narrated a PowerPoint presentation regarding Public Relations efforts and the Solvang Visitor Center.

Susan Lee discussed the Solvang Visitor Center and noted many people are surprised by the number of things to do in Solvang.

Councilmember Brown suggested developing FAQs for the Solvang Visitor Center.

Jamie Weeks, Islett Agency, narrated a PowerPoint presentation with a quarterly check-in and metrics of social media.

Discussion followed regarding the progress made so far, the collaboration and whether there is a comment monitoring feature on social media.

1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments on non-agenda and consent items.

Denise El Amin asked for Skytt Mesa Mesa landscaping and graffiti abatement be on an agenda.

There were no other public comments and Mayor Infanti closed this portion of the meeting.

DocuSign Envelope ID: 64769657-AB9F-4F30-AAF4-F3A992C88FDD M 2023-08-28 CC 3

2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy announced the upcoming Skitt Mesa meeting on August 29th at 5:30 p.m.; reminded the public that due to Labor Day, the trash pickup will be one day late for the entire week; commented on Labor Day travel and discussed meetings he attended and noted he toured the wastewater treatment plant.

3. COUNCIL COMMENTS AND REQUESTS
Mayor Infanti noted that City code prohibits the operation of vehicles and bicycles in City parks except with the permission of the City Manager; encouraged increased Code Enforcement; discussed the idea of sharing the costs of a grant writer with the City of Buellton and stated he would like to pursue the matter.

4. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: August 14, 2023
c. Approve July Monthly Investment report
d. Receive and File Visit the Santa Ynez Valley 1st Quarter Report 2023 e. For second reading Adopt by title only Ordinance No. 23-0368 adding Chapter 5 (Graffiti Abatement) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and making a determination of exemption under the California Environmental Quality Act Motion by Councilmember Brown, to approve Consent Items, as presented, seconded by Mayor pro tem Elizabeth Orona and carried 4-0..

5. PUBLIC HEARINGS – None

6. DISCUSSION ITEMS
a. Discussion and possible action to Introduce for first reading by title only Ordinance No. 23-0369 removing Section 6-2-5, amending Section 7-3-10, and adding Chapter 6 (Camping) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and making a determination of exemption under the California Environmental Quality Act City Attorney Fleishman presented details of the report; highlighted related case law and addressed about specific changes.

Discussion followed regarding camping down the river, protecting the City’s utilities and perimeters around City facilities, defining a boundary for specificity, allowing flexibility for City facilities and challenges of the Grover Beach ordinance.

There were no public comments on this item.

Motion by Mayor pro tem Elizabeth Orona, to Introduce for first reading by title only Ordinance No. 23- 0369 removing Section 6-2-5, amending Section 7-3-10, and adding Chapter 6 (Camping) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and making a determination of exemption under the California Environmental Quality Act, as presented, seconded by Councilmember Clarke and carried 4-0.
b. Discussion and possible action to Approve the Third Amendment to the Agreement with DocuSign Envelope ID: 64769657-AB9F-4F30-AAF4-F3A992C88FDD M 2023-08-28 CC 4
Carollo Engineers Inc for an expanded scope of Services for Completion of a Time Schedule Compliance Plan for Regional Water Quality Control Board to Support USDA Grant Application for the WWTP Water quality project for the additional amount not to exceed $106,270 for a total contract amount not to exceed $308,760, for the existing term to April 1, 2024, and authorize the Mayor to execute on behalf of the City City Manager Murphy presented details of the report.

Discussion followed regarding further anticipated expenses/costs, the likelihood of the City being awarded the grant, determining total costs of the grant application, technical requirements and the definition of TSCP and meeting State waste discharge requirements.

Mayor Infanti invited public comments.

Denise El Amin alleged the City’s wastewater facility is out of compliance.

There were no other public comments on this item.

City Manager Murphy confirmed the City’s wastewater facility is not out of compliance.

Mayor pro tem Elizabeth Orona expressed the need for more information on this item and suggested revisiting the matter at a later date.

Councilmember Brown suggested inviting representatives from Carollo Engineers Inc. to give a presentation at the next City Council meeting.

Motion by Councilmember Brown to table this item to the next City Council meeting and direct staff to invite Carollo Engineers Inc. for a presentation, seconded by Mayor pro tem Elizabeth Orona and carried 3-1, with Mayor Infanti, opposed.
c. Discussion and possible action to Adopt Resolution No. 23-1227 Approving the Capital Improvement Program Fiscal Year 2023-24 Capital Improvement Program (CIP) and approving a budget adjustment for the program
Public Works Director Olds narrated a PowerPoint presentation with details of the CIP for Fiscal Year 2023-24 and requested adjustments.

Discussion followed regarding rebuilding the pickleball courts versus finding a new location for new ones with less risk of flooding, keeping paddle sports in the same localized area, the number of emergency generators needed, solar solutions, prioritizing the manhole rehabilitation program over the sewer line program and rain water draining into the sewer system due to the failure of manholes.

Mayor Infanti invited public comments.

The following residents spoke in support of pickleball:

Barry Sigmund
Brad McVea
Denise El Amin spoke about Skitt Mesa enhanced lighting in the CIP There were no other public comments on this item.

Motion by Mayor pro tem Elizabeth Orona, to Adopt Resolution No. 23-1227 Approving the Capital Improvement Program Fiscal Year 2023-24 Capital Improvement Program (CIP) and approving a budget adjustment for the program, seconded by Councilmember Brown and carried 3-1, with DocuSign Envelope ID: 64769657-AB9F-4F30-AAF4-F3A992C88FDD M 2023-08-28 CC 5
Councilmember Clarke.
d. Discussion and possible action to:
i. Adopt Resolution No. 23-1228 to Approve the Memorandum of Understanding (MOU) with Teamsters Union Local 986 for the term August 1, 2023 – June 30, 2026, and authorize the City Manager to execute on behalf of the City ii. Adopt Resolution No. 23-1229 Setting and Adopting the Range Schedule and Benefits for Non-represented Employees effective August 1, 2023. iii. Adopt Resolution No. 23-1230 approving a Budget Adjustment relating to salary and benefit Increases
Administrative Services Director Berry presented details of the report.

Mayor pro tem Elizabeth Orona noted the City is doing its part to acknowledge its great employees and thanked the leadership team and Union Leadership Team.

There were no public comments on this item.

Motion by Mayor pro tem Elizabeth Orona, Adopt Resolution No. 23-1228 to Approve the Memorandum of Understanding (MOU) with Teamsters Union Local 986 for the term August 1, 2023 – June 30, 2026, and authorize the City Manager to execute on behalf of the City, seconded by Councilmember Brown and carried 4-0.

Motion by Mayor pro tem Elizabeth Orona, to Adopt Resolution No. 23-1229 Setting and Adopting the Range Schedule and Benefits for Non-represented Employees effective August 1, 2023, seconded by Councilmember Brown and carried 4-0.

Motion by Councilmember Brown to Adopt Resolution No. 23-1230 approving a Budget Adjustment relating to salary and benefit Increases, seconded by Mayor pro tem Elizabeth Orona and carried 4-0. e. Discussion and possible action to Adopt Resolution No. 1231 Authorizing a Budget Adjustment to include the cost for the General Plan Update and EIR Consultant Contract Public Works Director Olds presented details of the report.

There were no public comments on this item.

In reply to Councilmember Clarke’s question, Public Works Director Olds discussed how an oversight occurred.

Motion by Councilmember Brown to Adopt Resolution No. 1231 Authorizing a Budget Adjustment to include the cost for the General Plan Update and EIR Consultant Contract, seconded by Councilmember Clarke and carried 4-0.
a. Discussion and possible action regarding Adopting Resolution 23-1232 opposing Ballot Initiative 21-0042A1 aka the Taxpayer Protection and Government Accountability Act.

City Manager Murphy provided details of the report.

Discussion followed regarding the possibility of making it more difficult to hold the government accountable and inhibiting local agencies to determine their own futures.

Mayor Infanti invited public comments.

DocuSign Envelope ID: 64769657-AB9F-4F30-AAF4-F3A992C88FDD M 2023-08-28 CC 6
Denise El Amin spoke about Proposition 218 and distinguished between HOAs and LLMDs.

There were no other public comments.

Motion by Mayor Infanti to Adopt Resolution 23-1232 opposing Ballot Initiative 21-0042A1 aka the Taxpayer Protection and Government Accountability Act, seconded by Councilmember Brown and carried 3-1, with Councilmember Clarke opposed.

7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
Mayor pro tem Elizabeth Orona reported attending the EMA GSA Meetings last week.

8. ADJOURNMENT
The meeting was adjourned at 9:15 p.m.

Respectfully submitted:

Annamarie Porter, City Clerk
DocuSign Envelope ID: 64769657-AB9F-4F30-AAF4-F3A992C88FDD

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