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Regular Meeting – 6:30 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.
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, Public Works Director Rodger Olds, Parks and Recreation Director Jenny McClurg
PLEDGE OF ALLEGIANCE
Steve Oaks, a member of the public, led in the Pledge of Allegiance.
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None
PRESENTATIONS
a. Receive and file Marketing Services Update
John Sorgenfrei, TJA, presented an update of Marketing Services including highlights of the new website.
Claudia Torkelson, TJA, provided Digital Marketing updates.
Discussion followed regarding the best way for event organizers to include their events on the City’s website.
Anna Ferguson-Sparks, Stiletto Marketing, spoke about Danish Days and offered to respond to questions from City Council.
Discussion followed regarding attendance at Danish Days, gross ticket sales and VIP packages.
Islett Agency talked about the VIP Solvang Experience Giveaway.
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS Jim Stewart referenced homeless encampments.
There were no other public comments on Non-Agenda and Consent Items.
MINUTES
SOLVANG CITY COUNCIL
MONDAY OCTOBER 23, 2023
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2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy announced he received a letter from the Government Finance Office Association commending the City for another year in getting the Certificate of Achievement in Financial Reporting and reported that on November 18, 2023, on Lot 4 will be another City of Solvang Community Cleanup.
3. COUNCIL COMMENTS AND REQUESTS
Councilmember Claudia Orona reported there are several commercial buildings for sale in Solvang and some in the TRC area; expressed concerns that as new landlords come in there will be no understanding of the historical and architectural value and suggested that Council consider a Historical Landmark ordinance to plan to preserve the City’s historical buildings and landmarks.
Discussion followed regarding whether the matter would be under the DRC’s jurisdiction, ensuring that the City’s institutional knowledge is protected and preserving the City’s unique structures.
City Council concurred to add a discussion to consider developing a Historical Landmark ordinance on an upcoming agenda.
Mayor Infanti announced an upcoming community forum on housing rights on November 2, 2023, at 6:00 p.m. in the City Council Chamber.
4. CONSENT ITEMS
a. Approve Order of Agenda as Presented
Mayor Infanti spoke about IT challenges during a recent meeting where people were posting inappropriate images and comments on Zoom and asked to move Item No. 6.d. forward on the agenda before Item No. 6.a.
b. Approve City Council Minutes: October 9, 2023
c. Receive and file Santa Barbara County Fire Response-Time 3rd quarter 2024 report d. Receive and file Santa Barbara County Sheriff September 2024 Heatmap e. Receive and file Quarterly Investment Report
f. Approve Amendment 1 to the agreement with MNS Engineers for engineering support and environmental permitting for the South Alisal Road emergency repair project for an additional scope of services for the additional amount of $39,490 for a contract total not to exceed $187,168, and to extend the term to June 30, 2024, and authorize the Mayor to execute on behalf of the City
Motion by Mayor Infanti, to approve Consent Items, except for Item No. 4.a. which was amended to move Item No. 6.d. forward on the agenda, before Item No. 6.a., seconded by Mayor pro tem Elizabeth Orona and carried 5-0.
5. PUBLIC HEARINGS – None
6. DISCUSSION ITEMS
City Council considered Item No. 6.d before 6.a
d. Discussion to provide direction to Staff regarding the termination of remote public comment via Zoom during City meetings.
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City Attorney David Fleishman reported at the October 9, 2023 City Council meeting, there was a concerted effort to disrupt the meeting with antisemitic, racist and inflammatory statements; noted this is happening everywhere, across the nation and many public agencies are addressing the issue by removing the Zoom option; stated there is no legal requirements for the City Council to conduct meetings by Zoom and asked whether City Council wishes to continue having the Zoom option for meetings.
Discussion followed regarding other vendors with similar platforms and increased security, the ability to limit Zoom comments by having participants enter with a secure link, challenges with verifying that comments are legitimate, removing the public’s ability to comment, remotely, and the frequency of Zoom bombing incidents.
City Manager Murphy reported that Zoom bombing happens a lot and was the subject of a discussion at a recent League of California Cities meeting and commented on issues related to Microsoft Team.
Discussion followed regarding exploring whether Zoom has levels of access that can be controlled by meeting hosts, challenges in terms of gatekeeping, the importance of public participation in meetings and existing parliamentary procedures to run meetings effectively.
Mayor Infanti suggested making no changes for a few more meetings to determine if the problem persists and then consider limiting access.
Mayor pro tem Elizabeth Orona asked about how the presenter in the League of California Cities meeting addressed the issue and City Manager Murphy reported they decided to eliminate Zoom, altogether.
Councilmember Brown asked whether a Sergeant at Arms could be appointed, and City Attorney Fleishman responded affirmatively, but noted the Mayor is ultimately responsible for running a meeting.
City Attorney Fleishman talked about the issues that are confronting City Attorneys from a legal standpoint; stated the law has not been fully established and discussed consistency with the Brown Act and the First Amendment.
Mayor Infanti invited public comments on this item.
Peter Islinger, Aria Vue Daugherty advocated to continue to allow public comment via Zoom.
Jo Knatz, Pete Thomsen spoke for eliminating remote public participation.
Laser Freeman, Videographer, reported there were about twenty people that he removed from the meeting or did not allow in; stated he had been informed of the trend so he was not blindsided; noted there is an option where people may request to comment on meetings, 72 hours in advance and talked about a webinar being one-sided and redundant since the City uses Vimeo and YouTube.
There were no other public comments on this item.
Councilmember Clarke commented on how the City operated without Zoom; reported it is a casualty of COVID-19; stated he does not believe it is that big of a deal and suggested eliminating it.
Councilmember Claudia Orona felt that one day of being Zoom bombed should not cause the City to eliminate one more way the public can engage with their government and prevent people from participating from the comfort of their home; noted there are many reasons for people to participate remotely and indicated she would hate to see it go away.
Councilmember Brown talked about the importance and value of engaging in government as a First Amendment right; stated he would prefer keeping things the way they are with greater security or DocuSign Envelope ID: 9D280848-7F6B-4F13-83AF-78D040A1362F M 2023-10-23 CC 4
RSVPs and believed that if the City reacts by eliminating Zoom, the thugs and racists win.
Mayor pro tem Elizabeth Orona stated she is up for that fight; concurred with Councilmembers Orona and Brown in terms of making sure the City provides ample access to two-way dialogue with the community and spoke about including governance, control and identification of who is participate in the two-way dialogue.
City Council offered direction to staff to continue providing access to meetings via Zoom and return to Council with security protocols and potential options for excluding participants who engage in bullying and/or inappropriate comments.
City Council returned to Item No. 6.a. and followed the remainder of the agenda, as presented a. Discussion to provide direction to Staff regarding Measure U Oversight Committee Appointment
Administrative Services Director Berry discussed the recruitment process; noted that there are no qualifications set in the Municipal Code for the Committee; reported the City began accruing funds in April 2023 and referenced the attached application and notice of publication. She addressed the purpose, duties and responsibilities of the Committee and reported Council appointments will take place on the January 8, 2024 City Council meeting.
City Manager Murphy added that since the Committee is appointed by City Council, it is subject to the Brown Act.
Discussion followed regarding requirements to meet at least twice a year.
There were no public comments on this item.
Councilmember Brown stated that in terms of qualifications, being a resident of the City would be important but questioned whether to include business owners as they are not voters.
Mayor Infanti supported including business owners in the qualifications.
Mayor pro tem Elizabeth Orona commented on a potential conflict in terms of benefiting the City or the business owner’s business.
Councilmember Claudia Orona reported this will be money to be spent in Solvang that will benefit the community as a whole, rather than bringing revenue to the City and felt it should benefit those who live in the City.
Discussion followed regarding omitting qualifications entirely and prioritizing having some ability to read a budget and understand typical expenditures.
City Manager Murphy reminded Council that business owners contribute sales taxes to the City, thereby contributing to Measure U funds and suggested limiting the number of business owners in the Committee.
City Attorney Fleishman noted potential challenges when each Councilmember appoints one Committee member.
Mayor pro tem Elizabeth Orona suggested adding a requirement within the application to disclose their financial background.
City Manager Murphy reported the application has space for candidates to discuss their professional and educational background and it could also be part of the interview process.
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Councilmember Claudia Orona stated she changed her mind in favor of including residents of Solvang and business owners.
Motion by Mayor Infanti, to approve the recruitment and application process including requirements that an applicant must be a resident of Solvang or a business owner, seconded by Councilmember Clarke and carried 5-0.
b. Discussion to provide direction to Staff regarding City position on potential Mask and Vaccine Mandates
City Manager Murphy provided details of the report including background and similar actions by other jurisdictions and reported there are no immediate fiscal impacts but there could be consequences later on in terms of the State or Federal Government not providing certain funding and benefits if cities do not comply.
Mayor Infanti opened public comments.
The following members of the public offered comments: Kief Adler, Damien Kritmean, Joanne Clark, Dr. Elayne Klasson, Pete Thomsen, Teri Harmon, Jo Knatz MD, Randy Page, Jim Stewart, Grace, R.N., Jenny Stewart, via Zoom: Susan Bott, Bobby Russell.
There were no other public comments.
Councilmember Orona referenced the Huntington Beach resolution; noted that Solvang never had that mandate and wondered if this is what is needed to get Sacramento off the City’s backs.
City Attorney Fleishman stated the that Huntington Beach has taken an aggressive legal position that has been repeatedly spurned by the courts; noted the courts are the ultimate arbiter to determine what is and is not legal in Huntington Beach.
Councilmember Orona reported that during COVID, people were basically regulating themselves and felt it is not the City’s business to tell business owners how to conduct their business or how to keep themselves safe and did not feel the resolution is necessary as there are many more important things for the City to consider.
Councilmember Clarke spoke about other cities that are looking to do what Huntington Beach did; talked about the importance of sending a message to Sacramento to say Solvang will not go through this again; discussed the City’s reliance on tourism and impacts to businesses related to COVID and commented on industries that suffered losses.
Councilmember Brown talked about civil disobedience being an option of mandates are put in place.
Mayor pro tem Elizabeth Orona talked about how everyone suffered during COVID in various degrees and suggested the need to be compassionate; she discussed increases in the variant; noted there have been no mandates imposed; opposed creating a mandate to oppose other mandates and asserted this is not worth the risk of putting potential State funding at risk. She added that the City should take it on if and when it becomes an issue.
Mayor Infanti took a poll of Councilmembers and 4-1 agreed not to take any action on this matter, at this time, with Councilmember Clarke opposed.
c. Discussion to provide direction to Staff regarding Improvement Projects in Hans Christian Andersen Park
Parks and Recreation Director McClurg and Public Works Director Olds narrated a PowerPoint DocuSign Envelope ID: 9D280848-7F6B-4F13-83AF-78D040A1362F M 2023-10-23 CC 6
presentation regarding proposed pickleball court improvements at Hans Christian Andersen Park (HCA).
Discussion followed regarding handling the 7-inch change in elevation, ADA accessibility, options for Council’s consideration, additional grading work, Proposition 68 grant funding additional costs, local match requirements of $40K, adapting existing tennis courts for dual use and costs of the various options.
City Manager Murphy addressed costs to repair the Park house home; spoke about a case in Hidden Valley and discussed the possibility of dual use by adding pickleball stripping over the tennis court and using the same nets used for tennis.
Discussion followed regarding existing room for two pickleball courts, differences between tennis and pickleball courts and resurfacing the current tennis courts for pickleball as well.
Parks and Recreation Director McClurg commented on the possibility of putting a sports court over the existing tennis courts and related costs.
Discussion followed regarding increasing the number of pickleball courts, getting to the point where the City could host tournaments and the condition that the grant received was to be used for tennis court improvements.
Mayor Infanti invited public comments on this item.
Members of the public commenting were: Tom Olmsted, Mike Scone, Sierra Falso, Darill Fiechter, Nelson Owenson, Mark Owens via Zoom, Janice Gardner, Brad McVay, Peter Islinger, Rick Bernhard, Joan Rein.
There were no other public comments.
Discussion followed regarding opportunities for more space at Sunny Fields Park for pickleball, use of Prop 68 grant funds only for HCA Park, other areas at HCA for pickleball courts, the need to consider costs, making existing courts usable by installing a sports court over the existing tennis courts and timelines.
Public Works Director Olds spoke about utilizing the current resources to make it work best.
Mayor pro tem Elizabeth Orona spoke about increased demands for pickleball; noted it cannot be ignored that Mr. Sterns intended his donation to go towards preserving tennis; felt it would be good to know the demand versus use of tennis and pickleball courts; supported having multiuse on one of the tennis courts for pickleball as a trial to see if the two sports can coexist.
Councilmember Clarke felt that if changes are going to be made to the tennis courts, then the City should consider returning the money to the Sterns Trust.
City Attorney Fleishman reported that the bequest was expended for the purposes that it was granted and does not mean that Mr. Sterns controls City property in perpetuity.
Discussion followed regarding costs for resurfacing the courts, the balance of money in the grant, costs for fencing and considering options with the money the City currently has.
Councilmember Brown spoke about exploring a different site at HCA Park that is easier to grade for pickleball and leaving the existing pickleball courts as they are.
Mayor pro tem Elizabeth Orona suggested expanding the scope of the survey to determine if there are additional locations that could be assessed and requested additional information to see what can fit.
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City Council concurred to direct staff to do the analysis to see what can be developed at the various locations and come up with accurate costs.
6.d This item was moved to be heard before Item 6.a
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS - None
8. ADJOURNMENT
The meeting was adjourned at 9:52 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
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