M 2023-09-25 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
Councilmember Brown led in the Pledge of Allegiance.
1. PUBLIC COMMUNICATIONS – CLOSED SESSION
Mayor Infanti opened Public Communications, and there being no public comments Mayor Infanti closed Public Communications.
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)
Two Potential Cases
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, Claudia Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter, Public Works Director Rodger Olds, Administrative Services Director Wendy Berry, Parks and Recreation Director Jenny McClurg
MINUTES
SOLVANG CITY COUNCIL
MONDAY, SEPTEMBER 25, 2023
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PLEDGE OF ALLEGIANCE
Mr. Ball led in the Pledge of Allegiance.
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None
PRESENTATIONS
a. Presentation to Receive and File Marketing Services Update City Manager Murphy introduced the item and deferred to consultant Sorgenfrei, TJA, for the Marketing Services update including highlights of the new website.
Consultant Rick Turton, Webmaster, TJA, via Zoom, presented web statistics regarding the new website; addressed the launch date and development of a dashboard and spoke about the number of pages in the website.
Discussion followed regarding having as many businesses listed as possible, gathering images from various sources, the possibility of directing staff to include information in license renewal notices regarding sending images of their business, logos or website information to the City to include in the City’s website, promoting businesses outside of the City and the need to develop a policy in that regard.
Councilmember Clarke suggested holding a meeting outside the City Council to discuss the minutia involved in formatting and information to include in the website.
Consultant Claudia Torkelson, TJA, discussed social media efforts and metrics.
Consultant Sorgenfrei discussed the goals and objectives and details of a Fall Advertising Campaign.
Consultant Anna Ferguson-Sparks, Stiletto Marketing narrated a brief presentation with August social media report highlights.
Mayor pro tem Elizabeth Orona suggested the City Manager take the time to get the website right before it is launched.
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments on non-agenda and consent items.
Jim Stewart, spoke about shops experiencing increased shoplifting, and the camping ordinance.
Brenda Ball developed a print dining guide which she has provided free of charge.
There were no other public comments.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy reported attending the League of California Cities conference.
3. COUNCIL COMMENTS AND REQUESTS
Councilmember Brown referenced a schedule of power-washing dates and frequencies and requested that staff distribute copies of it.
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4. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: September 11, 2023
c. Approve August Monthly Investment Update
d. Approve Amendment 4 to the agreement with Rafael Ruiz for modified scope of janitorial services for the additional amount not to exceed, $90,000, for a new contract total amount not to exceed $1,381,746, and to extend the term to December 31, 2023; and authorize the Mayor to execute on behalf of the City
e. Approve Change Order No. 1 to the Contract with Specialty Construction Inc. for FY 2022-23 Fredensborg Canyon Waterline Replacement Project No. PW 171 to reflect additional work in the amount of $44,526.88, for a total contract not to exceed amount of $806,934.88, and authorize the Mayor to execute on behalf of the City; and Accept as Complete the FY 2022-23 Fredensborg Canyon Waterline Replacement Project No.
PW 171 and authorize the City Manager to execute and record the Notice of Completion on behalf of the City
Mayor pro tem Elizabeth Orona noted it seems there is an increased frequency in contractors requesting and using contingencies added to their contracts.
Public Works Director Olds addressed management of public works contracts; reported there was a major overrun of the asphalt for this project and spoke about including cost controls within the contracts.
Councilmember Clarke suggested tracking contractors to determine how many have gone over budget.
Mayor pro tem Elizabeth Orona recommended capping contingency values as a percentage of the bid amount.
City Attorney Fleishman spoke about the lowest, responsible bidder as a part of due process.
Discussion followed regarding extension of the Rafael Ruiz contract, issuing the RFP this week, the possibility of installing an “industrial/commercial parking lot” and adding custodial staff.
Motion by Mayor pro tem Elizabeth Orona, to approve Consent Items, seconded by Councilmember Claudia Orona and carried 5-0.
5. PUBLIC HEARINGS – None
6. DISCUSSION ITEMS
a. Discussion and possible action to approve a one-time purchase of a John Deere 210p Skip Loader in the amount of $130,988.98
Administrative Services Director Berry presented details of the report.
Discussion followed regarding the salvage value of the old skip loader.
Waste Water supervisor Nathan Giacinto spoke about the used equipment and responded to questions regarding the maintenance coverage, warranty period, and the SYCSD portion.
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Discussion followed regarding exploring used tractor options.
There were no public comments on this item.
Motion by Councilmember Clarke, to approve a one-time purchase of a John Deere 210p Skip Loader in the amount of $130,988.98, seconded by Councilmember Claudia Orona and carried 4-1, with Mayor pro tem Elizabeth Orona, opposed.
b. Discussion and possible direction to provide Policy Direction on Changes regarding Special Event Municipal Code and Special Event Guide
Parks and Recreation Director McClurg presented details of the report.
Discussion followed regarding special events on private property versus public property, the definition of special events, First Amendment events, having a common process for all events, including for-profit and non-profit events, streamlining the burden on staff, including a denial and appeals process, impacts of street closures to the commercial districts, limiting frequency of special events, including shuttle services, differentiating between events that close streets and those that do not, establishing a cancellation and a deposit policy, implementing a fee schedule to cover City costs and next steps.
Discussion continued regarding the need to revise special event forms, updating the guidebook, making the code and fee schedule consistent and encouraging applicants to have a mitigation plan for impacts to the community.
Mayor Infanti invited public comments on this item.
Tracy Beard, Solvang Chamber of Commerce, commented on ensuring that everyone is treated fairly.
City Manager Murphy commented on this being a Code Enforcement issue.
Dennis Beebe suggested that City Council give special consideration to Veterans organizations.
Parks and Recreation Director McClurg reported that Veterans are not charged any fees.
There were no other public comments on this item.
c. Discussion and possible actions adopting Resolution 23-1234 opening a Five Star MM Account
Administrative Services Director Berry presented details of the report.
Jerry Leg, Sr. V.P., Five Star Bank, spoke about the organization; noted that a stress test is not done on any bank under $50 billion, Five Star Bank has over $3.2 billion in assets; explained bank stress tests and addressed access to the money by the City. He also stated that the bank did not employ ESG.
Mayor Infanti invited public comments.
Frank Smithson spoke about ensuring the City maintains its account with Montecito Bank and Trust.
There were no other public comments on this item.
Motion by Mayor pro tem Elizabeth Orona to adopt Resolution 23-1234 opening a Five Star MM Account, seconded by Councilmember Brown and carried 5-0. d. Discussion and possible action to Introduce for first reading by title only Ordinance No.
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23-0370 removing Chapter 5 (Tourism and Advisory Committee) of Title 2 (Boards and Commissions) of the Solvang Municipal Code to Dissolve the Tourism Advisory Committee and Making a Determination of Exemption under the California Environmental Quality Act
City Attorney Fleishman presented details of the draft ordinance and discussed the CEQA determination.
There were no public comments on this item.
Mayor pro tem Elizabeth Orona spoke about the need to hire someone who will be responsible for a detailed review and assessment of the City’s Marketing functions.
Motion by Councilmember Clarke, to Introduce for first reading by title only Ordinance No. 23-0370 removing Chapter 5 (Tourism and Advisory Committee) of Title 2 (Boards and Commissions) of the Solvang Municipal Code to Dissolve the Tourism Advisory Committee and Making a Determination of Exemption under the California Environmental Quality Act, seconded by Councilmember Brown and carried 5-0.
e. Discussion and possible action to Adopt Resolution No. 23-1235 adopting a Records Retention Schedule and authorizing destruction of certain City records and rescinding Resolutions 00-564 and 08-810
City Clerk Porter presented details of the report and the proposed Records Retention Schedule.
Discussion followed regarding meeting government code and legal requirements for retaining and destroying records.
Consultant Diane Gladwell, Gladwell Governmental, spoke about identifying records and who is responsible for retaining them; noted there were several safety nets built into the system to ensure historical records are not destroyed, and addressed setting up clear roles and responsibilities.
Discussion followed regarding keeping contract notes two years beyond the contract expiration and developing a retention strategy for content management.
There were no public comments on this item.
Motion by Mayor pro tem Elizabeth Orona, to adopt by title, Resolution No. 23-1235 adopting a Records Retention Schedule and authorizing destruction of certain City records and rescinding Resolutions 00-564 and 08-810, seconded by Councilmember Clarke and carried 5-0.
f. Discussion and possible action to approve an Agreement with County of Santa Barbara Sheriff’s Office for Law Enforcement Services, in the amount not to exceed $2,856,941 for FY 2023-2024, for a total contract amount not to exceed $12,545,748 for the term FY 2023/2024 – FY 2026/2027, and authorize the Mayor to execute on behalf of the City City Attorney Fleishman presented details of the report; discussed costs to the City; noted there is a cost uncertainty in the contract and addressed the recommendations.
Discussion followed regarding the length of time negotiations have been taking place, other cities under similar contracts, the City’s ability to ask for additional services at additional costs, concerns about escalating costs without any increase in the level of services and the lack of transparency, the Sheriff’s Department unwillingness to provide GPS data and challenges with negotiating with a sole source.
City Manager Murphy addressed the time staff has been negotiating on this contract and increased costs over time.
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Mayor Infanti invited public comments.
Frank Smithson asked about other cities serviced by the Sheriff’s Department versus those with their own Police Force.
Tracy Beard, Chamber of Commerce, reported paying the Sheriff’s Department for services, and they left for other duties.
There were no other public comments on this item.
City Attorney Fleishman addressed the concept of mutual aid among cities and other agencies.
Discussion followed regarding the inability to determine whether the City is receiving the services it is paying for and keeping this and other major projects/contracts in mind when considering spending taxpayer money.
Motion by Councilmember Brown, to approve an Agreement with County of Santa Barbara Sheriff’s Office for Law Enforcement Services, in the amount not to exceed $2,856,941 for FY 2023-2024, for a total contract amount not to exceed $12,545,748 for the term FY 2023-2024 – FY 2026-2027 and authorize the Mayor to execute on behalf of the City, seconded by Mayor Infanti and carried 5-0.
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
Councilmember Claudia Orona reported attending the annual meeting for the 3CE; spoke favorably about the organization and about converting to green energy. Additionally, she spoke against calling out City employees, publicly.
Mayor pro tem Elizabeth Orona reported attending the Library Advisory Committee meeting and the California Encampment Resolution kick-off meeting.
Councilmember Brown expressed his appreciation for being included in the Danish Days float.
8. ADJOURNMENT
The meeting was adjourned at 9:10 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
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