Minutes 2023-09-11 CC 1
Special Closed Session – 5:30 p.m.
Regular Meeting – 6:30 p.m.
5:30 PM SPECIAL CLOSED SESSION
CALL TO ORDER
Mayor Infanti called the meeting to order at 5:30 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, Claudia Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter
PLEDGE OF ALLEGIANCE
Mayor pro tem Elizabeth Orona led in the Pledge of Allegiance.
1. PUBLIC COMMUNICATIONS – CLOSED SESSION
There were no public comments.
2. RECESS TO CLOSED SESSION – 5:31 p.m.
a. CONFERENCE WITH LEGAL COUNSEL—Potential Litigation – pursuant to Government Code Section 54956.9(d)(4)
One Potential Case
RECONVENE TO OPEN SESSION – 6:03
3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Attorney Fleishman announced there was no reportable action taken during Closed Session.
4. ADJOURNMENT – 6:03 p.m.
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.
MINUTES
SOLVANG CITY COUNCIL
SEPTEMBER 11, 2023
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ROLL CALL
Present: Mayor Mark Infanti, Mayor pro tem Elizabeth Orona, Councilmembers David Brown, Robert Clarke, Claudia Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter, Administrative Services Director Wendy Berry, Parks and Recreation Director Jenny McClurg, Planning Manager Rafael Castillo
PLEDGE OF ALLEGIANCE
Councilmember Brown led in the Pledge of Allegiance.
Mayor Infanti called for a moment of silence in remembrance of those killed on 9/11/2001.
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None a. International Day of Peace Proclamation
Mayor Infanti read a proclamation recognizing September 21, 2023, as the International Day of Peace.
Rich Nagler, Rotary Club, reported the International Day of Peace began through efforts of Rotary Club International and the United Nations and spoke about the hope to create more peace in the world.
PRESENTATIONS:
a. Presentation to Receive and File Santa Barbara County Sheriff’s Office Annual Report Police Chief Mark Valencia narrated a PowerPoint presentation with updated statistics of crimes committed from July 2021 to July 2022 and trends in Solvang.
Discussion followed regarding graffiti and data in terms of the concentration of certain activities in the City, crime terms, working in conjunction with other agencies and calls for service related to homelessness.
Members of the Public spoke on hiring a part-time motorcycle officer to handle traffic-related issues, installing cameras throughout the City, addressing homelessness, efforts to curb crimes related to homelessness, public safety concerns, plans to deal with increased traffic resulting from low-income housing developments and the process for establishing a level of service and related costs.
Police Chief Valencia referenced applicable legislation; spoke about early release programs in the jail system, drug use and mental health issues among those experiencing homelessness
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments on non-agenda and consent items.
Renee Condit spoke about residents’ comments prior to making any decisions.
There were no other public comments and Mayor Infanti closed this portion of the meeting.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy introduced new Planning Manager Rafael Castillo.
Planning Manager Castillo expressed his appreciation to the City and expressed excitement at working DocuSign Envelope ID: 5D81F0A3-BFD3-46FF-8631-D53849A64650 Minutes 2023-09-11 CC 3
as the new Planning Manager.
City Manager Murphy reported attending the Pirates Football game; announced he will be attending a 3CE meeting in Paso Robles next week.
3. COUNCIL COMMENTS AND REQUESTS
Mayor pro tem Elizabeth Orona requested that staff consider what the City could be doing to addressed increased speeding on Fredensborg Canyon such as installing speed monitors in both directions as well as speed decals; reported she will attend the upcoming SBCAG meeting and announced Solvang’s inclusion in the a county-wide program, the California Encampment Resolution Funding (CERF) program in which the City is currently in round two and provides funds for relocating homeless encampments in the waterways and including needed services such as incremental housing, counseling and training. She noted the program is scheduled to begin next week and indicated the wrap-around programs are comprehensive.
City Manager Murphy reported a sign is ready to be installed on Fredensborg Canyon as soon as there is adequate staffing.
Councilmember Clarke spoke about the possibility of the State and/or the Federal government putting more restrictions in place relative to COVID; claimed seven states have gone on record to let the government know they will not comply with mask and vaccine mandates and requested placing a discussion on an upcoming agenda to consider the City of Solvang doing the same.
City Council concurred to place the item requested by Councilmember Clarke on an upcoming agenda for discussion.
Councilmember Claudia Orona reported she will attend the 3CE meeting and shared her work during the last two weeks working with emergency responders at Burning Man and spoke about the importance of having an emergency preparedness program.
4. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: August 28, 2023
c. Approve August 2023 Accounts Payable
d. Approve Change Order No. 1 to the Contract with Hanley General Engineering Corp. for South Alisal Road Washout Emergency Repairs to reflect additional work in the amount of $172,520.90, for a total contract not to exceed amount of $563,863.34, and authorize the City Manager to execute on behalf of the City; and
Accept as Complete the South Alisal Road Washout Emergency Repairs Project ECP23-01, and authorize the City Manager to execute and record the Notice of Completion on behalf of the City
e. Pulled for discussion
Mayor Infanti pulled Item No. 4.e. from Consent Items for separate discussion and action.
Motion by Councilmember Clarke, to approve Consent Items, except for Item No. 4.e. which was pulled for separate discussion and action, seconded by Councilmember Claudia Orona and carried 5-0.
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ITEMS PULLED FROM CONSENT ITEMS
e. For second reading Adopt by title only Ordinance No. 23-0369 removing Section 6-2-5, amending Section 7-3-10 and adding a new Chapter 6 (Camping) of Title 5 (Public Health and Safety) of the Solvang Municipal Code to establish camping regulations in the City and making a Determination of Exemption under the California Environmental Quality Act.
City Attorney Fleishman presented details of the report; spoke about evolving State and Federal laws; explained the reason for the ordinance; noted the new ordinance is more “defensible” in terms of addressing homelessness in the community and commented on case law.
Discussion followed regarding comparing the current ordinance with the new ordinance, addressing homelessness and not criminalizing it, the possibility of the new ordinance inviting increased challenges, providing law enforcement and City staff the tools to stop encampments.
Councilmember Clarke stated that Solvang does not offer services for the homeless; felt that fact would deter people experiencing homelessness from coming into the City and opined it is not such a big deal.
City Manager Murphy reported that the Sheriff’s Office made it clear they would not enforce Solvang’s existing ordinance.
Motion by Mayor Infanti to table this matter until more is known regarding State and Federal laws.
Mayor Infanti invited public comments for this item.
The following members of the public commented on this item:
Joanne Clarke
Renee Condit
Jesse Bengod
John Petersen
Linda Reid
Sarah Cote
Alex Kormos
Harlan Munneke
Arthur George, on behalf of the Board of Directors of The Village Collective HOA Michelle Boyle
Marjorie Johnson
Linda Johansen
C.J. Jackson
Jim Knell, Owner, Landsby Inn and Santa Inez Inn
Andrew Sorensen
Rich Condit
Sabeen Overson
They spoke regarding the location of designated areas in the City, whether there would be running water on the site and whether any of the sites are near a playground, public safety concerns, the need for resident input, storage of personal items, increasing the buffer zone around schools and residential districts to greater than 200 feet, considering grant funding and parking, enforcement, working with the Fire Department related to open fires in camps, the need to define public areas, the authority given to the City Manager, tabling the matter until additional information is obtained, Lot 72, the City’s opportunity to create an environment to help the homeless and seeking grant funding.
There were no other public comments on this item and Mayor Infanti closed public comments.
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Motion by Mayor Infanti to table this matter until more is known regarding State and Federal laws, seconded by Mayor pro tem Elizabeth Orona.
City Attorney Fleishman provided information in response to some of the questions posed by members of the public; reiterated that the current ordinance does not stand the test of the constitution and the Sheriff’s Department has stated they will not enforce the ordinance, as written and clarified that the ordinance does not designate a camping area.
Discussion followed regarding enforcement against open flames.
Motion by Mayor Infanti to table this matter until more is known regarding State and Federal laws and direct staff to return with additional information, seconded by Mayor pro tem Elizabeth Orona and carried 5-0.
5. PUBLIC HEARINGS – None
6. DISCUSSION ITEMS
a. Approve Amendment 3 to the Agreement with 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 of $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 introduced the item and deferred to Jeff Weishaar, Carollo Engineers Inc., via Zoom, for a presentation.
Consultant Weishaar narrated a PowerPoint presentation explaining the 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 of $106,270.
Discussion followed regarding an end point.
Motion by Councilmember Brown to approve Amendment 3 to the Agreement with 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 of $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, seconded by Councilmember Claudia Orona and carried 4-1, with Councilmember Clarke, opposed.
b. Discussion and possible action to:
i. Approve two additional Maintenance Worker II positions to perform park-related duties for the Parks and Recreation Department.
ii. Adopt Resolution No. 23-1233 approving the budget adjustment for two new maintenance positions
iii. Approve amended Organizational chart to reflect these and prior approved amendments
Administrative Services Director Wendy Berry presented details of the report.
Discussion followed regarding cost savings and offsets, the budget, whether CalPers is included, allowing the City Manager to decide what positions to fill, janitorial duties, the need for additional maintenance workers and event fees.
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Motion by Councilmember Brown to Approve two additional Maintenance Worker II positions to perform park-related duties for the Parks and Recreation Department, Adopt Resolution No. 23-1233 approving the budget adjustment for two new maintenance positions and Approve amended Organizational chart to reflect these and prior approved amendments, seconded by Mayor pro tem Elizabeth Orona and carried 4-1, with Councilmember Clarke, opposed.
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS -
8. ADJOURNMENT
The meeting was adjourned at 9:12 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
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