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Solvang City Council
July 22, 2024

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Minutes
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July 22, 2024
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Solvang City Council
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M 2024-07-22 CC 1
Special Closed Session – 6:00 PM
Regular Meeting - 6:30 PM
6:00 PM SPECIAL CLOSED SESSION

CALL TO ORDER
Mayor Infanti called the Special Closed Session 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 David Brown, Councilmembers Robert Clarke, Claudia Orona, Elizabeth Orona
Staff: City Manager Randy Murphy, City Attorney Chelsea O’Sullivan, Administrative Services Director Wendy Berry

PLEDGE OF ALLEGIANCE
Mayor Infanti led the Pledge.

1. PUBLIC COMMUNICATIONS ON CLOSED SESSION ONLY
There were no public comments on Closed Session Items.

2. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION – pursuant to Gov. Code Section 54956.9(d)(1)
Name of case:

In Re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2:18-mn-2873- RMG, including City of Camden, et al., v. 3M Company, No. 2:23-cv-03147-RMG, and City of Camden, et al., v. E.I. DuPont de Nemours and Company et al., No. 2:23-cv-03230-RMG, City of Camden, et al v. Tyco Fire Products LP, et al., No. 2:24-cv-02321-RMG; City of Camden, et al. v. BASF Corporation, No. 2:24-cv-03174-RMG
Mayor Infanti recessed to Closed Session at 6:05 p.m.

RECONVENE TO OPEN SESSION
Mayor Infanti reconvened to Open Session at 6:25 p.m. with all Councilmembers, present.

3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Council directed staff to submit a claim form to recover monies as a class action member in class actions listed in the closed session item. This constitutes acceptance of a final settlement in these matters and is a reportable action because there is a final settlement action approved by the court.

MINUTES

SOLVANG CITY COUNCIL
Monday, July 22, 2024
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4. ADJOURNMENT
Mayor Infanti adjourned the meeting at 6:26 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, Planning Manager Rafael Castillo, Administrative Services Director Wendy Berry

PLEDGE OF ALLEGIANCE
Jamie Baker led in the Pledge of Allegiance.

1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None

2. PRESENTATIONS
a. SBC Youth Poet Laureate Jasmine Guerrero
SBC Youth Poet Laureate Jasmine Guerrero read her poem, “Soy Morena”. b. Marketing & Tourism Quarterly Update
John Sorgenfrei, TJA, presented an update of Marketing Services including highlights of the dashboard and working in tandem with Islet and Stiletto Marketing; addressed an L.A. Times campaign recap, fall campaign planning and co-op opportunities.

Discussion followed regarding definition of a website session.

Liana Cabrera, Islet Agency, via Zoom, presented quarterly updates of the social media statistics.

Susan Lee, Solvang Visitor Center, discussed Visitor Center statistics noting that June numbers are up from 2023 and addressed the number of visitors so far, in July.

3. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments.

Sandy Mullen, Executive Director, Elverhoj Museum
Al Cortese
There were no other public communications on Non-Agenda and Consent Items.

4. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy reported receiving an email from the County soliciting input for shaping the Docusign Envelope ID: A65CF1FE-0A98-4374-82B1-864B9EE61408 M 2024-07-22 CC 3
experience of aging, via a survey; encouraged residents to take the survey and stated more information is on the City’s website and Facebook page.

5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,

COUNCIL COMMENTS, REQUESTS
Mayor pro tem Brown announced he will be attending the Annual JPIA meeting on behalf of the City on Wednesday.

Mayor Infanti reported attending the Buellton State of the City Address, the Visit Santa Ynez Valley Annual meeting and the recent SBCAG meeting.

6. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: July 8, 2024
c. Receive and file Quarterly Fire Report
d. Approve Development Services Technician Job description, and Approve revised City of Solvang Organizational Chart
Motion by Councilmember Clarke, to approve Consent Items as presented, seconded by Councilmember Elizabeth Orona and carried, 5-0.

7. PUBLIC HEARINGS - None

8. DISCUSSION ITEMS
a. Discussion and Possible Action to Approve Residential Water Disconnection Policy to Conform with Regulatory Requirements and Make Other Conforming Edits and Authorize Staff to Make any Necessary Conforming Edits to Finalize the Residential Water Disconnection Policy
City Attorney O’Sullivan presented details of the report.

Discussion followed regarding the ordinance applying only to residential uses.

There were no public comments on this item.

Motion by Councilmember Claudia Orona, to approve the Residential Water Disconnection Policy to conform with regulatory requirements and make other conforming edits and authorize staff to make any necessary conforming edits to finalize the Residential Water Disconnection Policy, seconded by Mayor Infanti and carried, 5-0.
b. Discussion and possible action to approve the request for a Letter of Public Convenience or Necessity for Tony’s Smoke Shop at 448 Alisal Road Suite B (APN 139-240-063).

Planning Manager Castillo presented details of the report.

Discussion followed regarding the extension for of sale only, concerns with the off-street location and ensuring the security of other patrons.

The Applicant responded to questions from Council regarding changing the name of the business and reported he will be adding security cameras.

There were no other public comments on this item.

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Motion by Councilmember Claudia Orona, to approve the request for a Letter of Public Convenience or Necessity for Tony’s Smoke Shop at 448 Alisal Road Suite B (APN 139-240-063), seconded by Mayor Infanti and carried, 4-1, with Councilmember Elizabeth Orona, opposed. c. Discussion and possible action to Approve Amendment No. 4 to the Agreement with Valley Garbage and Rubbish Company dba Health Sanitation Service for Exclusive Solid Waste, Recyclables and Organics Collection and Transportation to Disposal and Processing Facilities and Organic Sites to address SB 1383 requirements, update the annual rate adjustment methodology, extend the term to June 30, 2038 and make other conforming edits, and authorize the Mayor to execute on behalf of the City.

City Attorney O’Sullivan presented details of the staff report.

Discussion followed regarding the rationale to extend the agreement to 2038, ensuring SB 1383 compliance, the low-population waiver, amending the current contract for SB 1383 compliance, costs/consequences of non-compliance, inclusion of an opportunity to increase rates by 5% every year, tipping fees, calculation of annual rate adjustments, delegating pieces of SB 1383 compliance to other departments, CPI increase and the motivation for a 13-year term.

Mayor Infanti invited public comments.

Ryan Smith
Josh Mann, Waste Management
Chelson Hansing, Waste Management
Mr. Padfield, via Zoom
There were no other public comments on this item.

Discussion followed regarding concerns with the terms of the contract, especially as the costs passed on to residents is unknown and taking more time for Council to review the contract and understand real costs.

Discussion continued regarding directing staff to help Council understand costs and impacts to residents, year over year, in more simple terms, the possibility of going out to a competitive bid, reducing the length of the terms and trusting that the City Manager and City Attorney are acting in the City’s best interests.

Motion by Councilmember Clarke to approve Amendment No. 4 to the Agreement with Valley Garbage and Rubbish Company dba Health Sanitation Service for Exclusive Solid Waste, Recyclables and Organics Collection and Transportation to Disposal and Processing Facilities and Organic Sites to address SB 1383 requirements, update the annual rate adjustment methodology, extend the term to June 30, 2038 and make other conforming edits, and authorize the Mayor to execute on behalf of the City.

Continuing discussion pertained to the changes being based on increased costs and data, not arbitrary increases and to increased costs for things outside of the control of Waste Management and adjustments being made at true costs rather than speculation.

Councilmember Claudia Orona seconded the motion, which carried, 4-1, with Councilmember Elizabeth Orona, opposed.
d. Discussion and direction to Staff regarding potential Zoning Code Amendments to implement Solvang 2045 General Plan.

Planning Manager Castillo narrated a PowerPoint presentation with details of potential Zoning Ordinance amendments.

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Discussion followed regarding continued prohibition of formula restaurants, addressing CUP projects and requirements for application, clarifying the review authority, grandfathering existing non-conforming uses, including timeframes for non-conforming uses, requiring a business name and signage, having the DRC review the issue in the future, streamlining the permit process, applying design to new developments and getting businesses involved in the signage discussion.

Discussion continued regarding review of the matter by the DRC and their wish to continue review of building standards including developing objective standards, addressing parking in-lieu fees and retaining a consultant for a fee study.

Mayor Infanti invited public comments.

Dennis Beebe
There were no other public comments on this item.

Planning Manager Castillo reported he will work with the City Attorney to include a timeframe for nonconforming uses, will explore the matter of requiring building/business names and noted changes in parking.

9. COUNCIL CLOSING COMMENTS - None

10. ADJOURNMENT – 8:59 p.m.

The meeting was adjourned at 8:59 p.m.

Respectfully submitted:

Annamarie Porter, CMC
City Clerk
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