M 2024-06-10 CC 1
Special Closed Session – 5:30 PM
Regular Meeting - 6:30 PM
5:30 PM SPECIAL CLOSED SESSION
CALL TO ORDER
Mayor Infanti called the Special Closed Session 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 David Brown, Councilmembers Robert Clarke, Claudia Orona, Elizabeth Orona
Staff: City Manager Randy Murphy, City Attorney Chelsea O’Sullivan, City Clerk Annamarie Porter
PLEDGE OF ALLEGIANCE
Councilmember Elizabeth Orona led in the Salute to the Flag.
1. PUBLIC COMMUNICATIONS ON CLOSED SESSION ONLY
There were no public comments on Closed Session Items.
2. RECESS TO CLOSED SESSION
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – pursuant to Government Code Section 54957(b)(1)
Title: City Manager
b. CONFERENCE WITH LABOR NEGOTIATORS – pursuant to Government Code Section 54957.6
Agency designated representative:
Chelsea O’Sullivan, City Attorney
Unrepresented employee: City Manager
Mayor Infanti adjourned to Closed Session at 5:36 p.m.
RECONVENE TO OPEN SESSION
Mayor Infanti reconvened to Open Session at 6:27 p.m. with all Councilmembers, present.
3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Attorney O’Sullivan reported that regarding Closed Session Item 2.a, the Employee Performance Evaluation was held and there is no further reportable action. Furthermore, relative to Closed Session Item 2.b, there is no reportable action and the matter subject to further negotiation.
MINUTES
SOLVANG CITY COUNCIL
MONDAY, JUNE 10, 2024
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4. ADJOURNMENT
Mayor Infanti adjourned the meeting at 6:29 p.m.
6:30 PM REGULAR MEETING
CALL TO ORDER
Mayor Infanti called the Regular 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 David Brown, Councilmembers Robert Clarke, Claudia Orona, Elizabeth Orona
Staff: City Manager Randy Murphy, City Attorney Chelsea O’Sullivan, Administrative Services Director Wendy Berry, City Clerk Annamarie Porter, Public Works Director Rodger Olds
PLEDGE OF ALLEGIANCE
Steve Martin led in the Pledge of Allegiance.
1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None a. June 12th as Women’s Veterans Proclamation
Mayor Infanti presented the proclamation
Allison Wales, Santa Barbara County Commission for Women, accepted the Proclamation and thanked the City for the recognition and its continued support.
2. PRESENTATIONS - None
3. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments.
Dan Martin
Steve Martin
Dennis Beebe
Karen Kyper
There were no other public communications on Non-Agenda and Consent Items.
4. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy reported the County has changed its solid waste vendor and stressed that it does not affect people living within the Solvang City limits; provided updates on the modification of tennis courts for pickleball play, the Pride Festival, the City’s audit services provider and a program hosted by Planning, Marketing and the Events Coordinator are working together to provide a series of quarterly “Business Talks” for the business community; addressed a recent power outage and a public works emergency repair and discussed upcoming agenda items.
5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT, DocuSign Envelope ID: 9DA6BE2E-43CA-4477-BABB-67C972BB1006 M 2024-06-10 CC 3
COUNCIL COMMENTS, REQUESTS
Councilmember Elizabeth Orona reported attending the Measure U Committee meeting.
Mayor pro tem Brown commented favorably on the Business Talks program and suggested topics to include.
Councilmember Clarke observed several homeless individuals and a camp on McMurray Road and asked about the Boise Supreme Court decision.
City Attorney O’Sullivan reported the Supreme Court has not issued its decision yet.
Mayor Infanti reported attending an enrobing ceremony for the Superior Court of California and discussed attending a candidate forum.
6. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: May 28, 2024
c. Approve May 2024 Accounts Payable
d. By Second Reading Adopt by Title Ordinance No. 24-0375 Amending Chapter 2 (Sewer Code) and Chapter 3 (Water Code) of Title 9 (Water and Sewer) of the Solvang Municipal Code to Require Utility Accounts to be in the Property Owner’s Name, Incorporate State Requirements for Disconnection of Delinquent Residential Accounts, Provide Additional Enforcement Options and Make other Conforming Edits; and Making a Determination of Exemption under the California Environmental Quality Act
e. Approve Amendment 2 to the Agreement with Cannon Corporation for Utilities Department Staff in the amount not to exceed $42,000, for a total contract amount not to exceed $174,000, and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City f. This Item was pulled by Mayor pro tem Brown for separate discussion. g. This Item was pulled by Mayor pro tem Brown for separate discussion. h. Receive & file VisitSYV Annual Report 2023
i. Receive and file SBCAG Notice of Preparation for an Environmental Impact Report j. This Item was pulled by Mayor pro tem Brown for separate discussion.
Mayor pro tem Brown pulled Items No. 6.f, 6.g and 6.j.
Motion by Councilmember Clarke, to approve Consent Items as amended, with the exclusion of Items No. 6.f, 6.g and 6.j, seconded by Councilmember Elizabeth Orona and carried, 5-0.
ITEMS EXCLUDED FROM THE CONSENT CALENDAR
f. Approve Amendment 4 to the Agreement with Moore and Associates Inc for Transit Management and Marketing Services for the additional amount not to exceed, $878,000, for a total contract amount not to exceed $912,758. and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City
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Concerns were raised regarding extension versus competitive bid. Mayor pro tem Brown expressed g. Approve Amendment 2 to the Agreement with SP Maintenance Services Inc for street sweeping services for the additional amount not to exceed, $42,500, for a total amount not to exceed $283,700, and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City
Concerns were raised regarding rubber-stamping.
Public Works Director Olds noted the RFP process could take four to five months and there exists an issue of staff bandwidth.
City Manager Murphy reported there have been competing priorities and talked about a potential new position to provide administrative support to Planning and Public Works. j. Approve Amendment 3 to the on-call services Agreement with Cannon Corporation for AMI Meter Change-out engineering services in the amount not to exceed $76,880, for a total amount not to exceed $197,380 for the existing term to June 30, 2025, and authorize the Mayor to execute on behalf of the City.
Concerns were raised regarding conflicts of interest and reviewing the process of contract renewal.
Motion by Mayor pro tem Brown, to approve Items No. 6.f, 6.g and 6.j, seconded by Councilmember Clarke and carried, 5-0.
7. PUBLIC HEARINGS - None
8. DISCUSSION ITEMS
a. Discussion and possible action to approve and adopt joint powers agreement for Santa Ynez Valley Basin Eastern Management Area Groundwater Sustainability Agency City Attorney O’Sullivan presented details of the joint powers agreement (JPA) for the Santa Ynez Valley Basin Eastern Management Area Groundwater Sustainability Agency.
Discussion followed regarding a commitment for reimbursement by June 2026, needing the money for a temporary window of time, the process for approval, by the board of the Ag seat representative, members of the Santa Ynez Water Group and the requirement for a unanimous vote.
Mayor Infanti invited public comments.
There were no public comments on this item.
Motion by Mayor pro tem Brown, to approve and adopt the joint powers agreement for the Santa Ynez Valley Basin Eastern Management Area Groundwater Sustainability Agency, seconded by Councilmember Claudia Orona and carried, 5-0.
b. Discussion and possible action regarding Adopting General Municipal November 5, 2024 Election Resolutions
i. Adopt Resolution 24-1256 calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024 for the election of certain officers and consideration of a ballot measure, all as required by the provisions of the laws of the State of California relating to Charter Cities
ii. Adopt Resolution 24-1257 requesting the Board of Supervisors of the County Santa DocuSign Envelope ID: 9DA6BE2E-43CA-4477-BABB-67C972BB1006 M 2024-06-10 CC 5
Barbara to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on that date pursuant to § 10403 of the Elections Code
iii. Adopt Resolution 24-1258 requesting the Board of Supervisors of the County of Santa Barbara to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 5, 2024 iv. Adopt Resolution 24-1259 resolution adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024
v. Adopt Resolution 24-1260 providing for a procedure for determining by lot a tie among candidates at the November 5, 2024 General Municipal Election in accordance with Elections Code Section 15651
City Attorney O’Sullivan reported Council may approve all of the resolutions in one motion.
Mayor Infanti invited public comments.
There were no public comments on this item.
Motion by Councilmember Clarke, to Adopt Resolution 24-1256 calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024 for the election of certain officers and consideration of a ballot measure, all as required by the provisions of the laws of the State of California relating to Charter Cities; Adopt Resolution 24-1257 requesting the Board of Supervisors of the County Santa Barbara to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on that date pursuant to § 10403 of the Elections Code; Adopt Resolution 24-1258 requesting the Board of Supervisors of the County of Santa Barbara to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 5, 2024; Adopt Resolution 24-1259 resolution adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024 and Adopt Resolution 24-1260 providing for a procedure for determining by lot a tie among candidates at the November 5, 2024 General Municipal Election in accordance with Elections Code Section 15651, seconded by Councilmember Elizabeth Orona and carried, 5-0.
c. Discussion and possible action to Receive TOT Tax Measure Poll Results for the November 5, 2024 General Municipal Election; and Potentially Approving and Submitting an Ordinance regarding the TOT Tax Measure for Voter Consideration at the November 5, 2024 election
i. By 4/5 Vote Adopt Resolution No. 24-1261 approving submission of an ordinance continuing and modifying an existing transient occupancy (hotel) tax to the voters at the general municipal election to be held on November 5, 2024, and directing the city attorney to prepare an impartial analysis thereof
ii. Adopt Resolution No. 24-1262 setting priorities for filing written arguments regarding a City ballot measure
iii. Adopt Resolution 24-1263 providing for the filing of rebuttal arguments for a city measure submitted at the November 5, 2024, general municipal election City Attorney O’Sullivan presented details of the report.
Discussion followed regarding voting when a Councilmember is absent related to the requirement for a DocuSign Envelope ID: 9DA6BE2E-43CA-4477-BABB-67C972BB1006 M 2024-06-10 CC 6
4/5 vote, TOT rates for Buellton and unincorporated areas, the need for voters to approve a general tax increase, the effective date of the ordinance, the last time Solvang increased TOT and rates for other cities in the State.
Mayor Infanti invited public comments.
There were no public comments on this item.
Discussions were had regarding opposition and letting the voters decide.
Motion by Councilmember Elizabeth Orona, to adopt Resolution No. 24-1261 approving submission of an ordinance continuing and modifying an existing transient occupancy (hotel) tax to the voters at the general municipal election to be held on November 5, 2024, and directing the city attorney to prepare an impartial analysis thereof, seconded by Mayor Infanti and carried, 4-1, by roll call vote, with Councilmember Clarke, opposed.
Motion by Mayor Infanti, to adopt Resolution No. 24-1262 setting priorities for filing written arguments regarding a City ballot measure and adopt Resolution 24-1263 providing for the filing of rebuttal arguments for a city measure submitted at the November 5, 2024, general municipal election, seconded by Councilmember Elizabeth Orona and carried, 5-0. d. Discussion and possible action to
i. Approve Measure U Committee Recommendations for Measure U expenditures, and ii. Authorize creation of a Strategic Plan for the Measure U committee Administrative Services Director Berry presented details of the staff report.
Discussion followed regarding creating a strategic plan on how to use the funds in the future, and diligence in making sure the way the money is spent was in alignment with intent and spirit of what was represented in the election.
City Manager Murphy reported there was concern that almost a year’s worth of Measure U funds were being spent on the Sheriff contract and a desirable to be more equitable in the distribution of funds.
Mayor Infanti invited public comments.
Alice Orr
Jamie Baker
There were no other public comments on this item.
Motion by Councilmember Claudia Orona, to approve Measure U Committee recommendations for Measure U expenditures, and, authorize creation of a Strategic Plan for the Measure U committee, seconded by Councilmember Elizabeth Orona and carried, 5-0. e. Discussion and possible action to approve the Preliminary Budget Administrative Services Director Berry presented details of the Preliminary Budget; discussed a starting deficit and reported the City is at a surplus of $683,486; corrected a mistake in the document; addressed General Fund total revenues and expenses, staffing, implementation of a new budgeting software, reduction of sales tax revenue, property tax increases, human services grant funding and cautioned against spending all of the surplus as Capital Improvements are not being funded.
Discussion followed regarding Capital Improvement Projects completed and budgeted, the need for the DocuSign Envelope ID: 9DA6BE2E-43CA-4477-BABB-67C972BB1006 M 2024-06-10 CC 7
Planning Commission to approve the Capital Budget, working with grant writers to better leverage existing funding, expected FEMA reimbursements, the probability of getting money from the State for current projects, restricted reserves, historical reserves, increases in all of the fund balances in the proposed 24/25 budget, the water fund, the reserve fund balance, restricted and un-restricted fund balances, timing of Capital Improvement Projects and the importance of TOT. Also, the Senior Center project and costs to the City, the need to be careful with the numbers that are shared.
Mayor Infanti invited public comments.
Linda Marzullo, Bethania Food Distribution
David Wy, Bethania Food Distribution
Kathleen Campbell, Solvang Senior Center
There were no other public comments on this item.
Mayor pro tem Brown recused himself from revisiting the Human Services Grant, noting he has a conflict as his wife works for Atterdag at Home, and left the Chamber.
Administrative Services Director Berry discussed grant funding application totals requested and funding awarded for 22/23 and 23/24.
Motion by Councilmember Elizabeth Orona, to reopen the Human Services Grant Funding discussion, seconded by Councilmember Claudia Orona and failed, 2-2, by roll call vote, with Councilmember Clarke and Mayor Infanti, opposed and Mayor pro tem Brown, absent.
Mayor pro tem Brown returned to the Chamber and took his place on the dais.
City Attorney O’Sullivan clarified that the vote was to reopen the Human Services Grand Funding and what is left for Council to discuss is the preliminary budget adoption.
City Manager Murphy reported this budget does not include two positions that were budgeted for six months; requested that Council put those two positions back in the budget and stated the total impact would be approximately $150,000.
Discussion followed regarding the budget for a new Utility Manager, avoiding delays as they will add to costs, the Wastewater Treatment project, the possibility of allocating 10% of the City’s surplus towards Human Services Grants and funding specific to the Chamber.
Motion by Mayor pro tem Brown to direct staff to modify the budget to fund the Parks Representative and Management Analyst positions for a full year and approve the rest of the Preliminary Budget, seconded by Mayor Infanti and carried 3-2 , by roll call vote, with Councilmembers Claudia Orona and Elizabeth Orona, opposed.
9. COUNCIL CLOSING COMMENTS
Mayor pro tem Brown reported a resident asked that the City explore installing rumble strips in different locations along Fredensborg Canyon Road.
10. ADJOURNMENT – 9:01 p.m.
The meeting was adjourned at 9:01 p.m.
Respectfully submitted:
Annamarie Porter, CMC, City Clerk
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