UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:07 – 0:094 turns
See, I'm off already on the new year. There you go. Are you going? We're all set for all that. Welcome everybody. We're gonna start the closed session at 532 and Ms. Clerk would you please read roll call?
Roll call, called by City Clerk
Show transcript
thank you.
Thank you. Okay, are there any public communications before we go into closed session? Anything on Zoom? I see none so Madam Clerk would you read that into the record please?
Item 2A, Conference with Labor Negotiators. The Closed Session is authorized by the Government Code Section 54957.6, Agency Representative Randy Murphy, City Manager, Employee Organization All Unrepresented Employees. 2B, Conference with Labor Negotiators. The Closed Session is authorized by the Government Code Section 54957.6 Agency Designated Representative Dave Fleischman, Assistant City Attorney, Employee Organization Teamsters Union Local 986 2C Conference with Legal Counsel Existing Litigation. The closed session is authorized by Government Code Section 54956.91, name of case Edward St. George v. City of Solvang et al., Case No. 25C-B07234.
0:58 – 1:063 turns
Back from a closed session and Madam Attorney is there any reportable action?
Good evening Mayor, members of the council. No there's no reportable action coming out of the closed session on conference with labor negotiators for both the represented and unrepresented or for the conference with legal counsel thank you.
Thank you very much we will then be in recess until 630 and we'll start the open session then Good evening everybody and welcome to the Solvang City Council meeting of January 12th, 2026. I'm going to call a meeting to order at 630 and I wish everybody a very happy new year and if you would please silence any phones that you have or other devices so we have no interruptions in that regard.
Roll call please
Roll call, called by City Clerk
Show transcript
1:06 – 1:138 turns
thank you
and we have the privilege today of having Anne McCarty lead us in the Pledge of Allegiance please stand
Repeat after me
I pledge allegiance to the flag of the United States
Thank you. Real quick point of housekeeping, today's agenda is has some the order of it is set but the numbers are wrong so discussion items where it says after consent it should be number seven for public Sorry, public hearings and then number eight is discussion items. So I apologize for that but so everybody can follow where we're at. I wanted to make that clear Next I have a proclamation to read This is from the City of Solvang for the Human Trafficking Awareness Month Whereas human trafficking is a form of modern slavery that occurs in every state, including California. Wherein victims are forced to work in various forms of labor exploitation including but not limited to commercial sex acts and other services that are induced through force fraud or coercion.
And whereas due to its isolated and discrete nature, many individuals across the globe are unaware that trafficking exists in their communities. And whereas it is estimated that more than 28 million people around the world are victims of human trafficking And whereas the Santa Barbara County Human Trafficking Task Force has worked diligently to bring awareness to the fact that human trafficking occurs closer to home than one might think. That California ranks number one in a country for reported human trafficking cases, and that Santa Barbara County is home to hundreds of survivors of trafficking and exploitation. And whereas Human Trafficking Awareness Month is an opportunity to recognize the critical role all Santa Barbara County residents play in preventing, reporting and adjudicating those heinous crimes.
Now therefore be it resolved that I, Mayor David Brown along with the City Council of the City of Solvang California do hereby recognize January 2026 as Human Trafficking Awareness Month in our city of Solvang. And that I call this observance to the attention of all our citizens. A witness thereof, I have unto set my hand and cause this official seal the City of Solvang, California to be affixed this 12th day of January 2026. And I have the pleasure of presenting this to Anne McCarthy.
Good evening Mayor Brown and members of the City Council. My name is Anne McCarty and I'm the Executive Director of the North County Rape Crisis and Child Protection Center. Tonight, however, I stand before you as a part of something larger, as a proud member of the Santa Barbara County Human Trafficking Task Force. And with me tonight, I'd like to recognize Byron E. Thomas who's with our Interfaith Collaborative with the task force, and Joyce Howerton who is a Community Outreach Advocate with the Rape Crisis Center.
Our task force is a united front of professionals who refuse to look away. We bring together the District Attorney's Office, every law enforcement agency in this county, Homeland Security and committed community-based organizations all working side by side with one shared purpose to stop human trafficking and to hold accountable those who prey on vulnerability for profit.
Over the past decade, we have made meaningful progress but let me be clear human trafficking is not a distant problem it's not someone else's issue it is happening in our county It is happening in communities like Solvang, and it thrives in silence. That's why this proclamation matters. By recognizing January as Human Trafficking Awareness Month you're doing more than just issuing words on a piece of paper.
You're shining a light where traffickers depend on darkness. You're sending a clear message that this city is watching That the city cares and that there will be no safe haven here for those who exploit and harm others. This proclamation also tells survivors that they are seen, that their suffering matters and that this community stands ready to protect, educate and intervene.
It affirms that Solvang is committed to being a place of safety, accountability and action So on behalf of the entire Santa Barbara County Human Trafficking Task Force, we thank you for your leadership. Your courage and your commitment to safeguard the people of this community. Together we will work until exploitation has no place here. Thank you so much and one final thing I'd like to leave with you. I brought gifts.
Besides that?
I'll pick up my garbage, sorry. No littering. We have these flyers that we've made. I would encourage you to come. I'm gonna leave some here but my goal and my dream is to put these where they can be seen. You have a lot of hotels here. You have a lot of eating establishments and bars with restrooms. They should be where people go Because you never know what one person looking at this, what it could do. It could save one life and that's important. So I'm gonna leave these and I encourage you when you're ready for more, I've got larger sizes, when you're ready for more call me and I'd be happy to take the beautiful drive out to the valley to deliver them so thank you.
1:14 – 1:196 turns
Okay, we have no presentations for this evening. So we'll go to public communications Madam clerk could you read that into the record please?
Public communications on non-agenda and consent items at this time You may address the council on items not on the agenda and on consent Time limit is three minutes. We will start with in person public comments first
Okay, first is John Ronoff. Thank you. There you go. Thank You John.
All right I know I got three minutes but I will keep it brief I think I've got it to just over out a minute my introduction here so good evening honorable mayor council members city staff and all in attendance My name is John Rohner and I wanted to introduce myself as the new public affairs manager for SoCalGas I cover Santa Barbara County and San Luis Obispo County. And I like to say my coverage territory is Hearst Castle de Carpinteria, and it's beautiful. It's the best.
All my peers are jealous of my coverage territory. But I recently took on this role after Tim Mahoney retired. I don't know if any worked with Tim Mahoney over the years. He was in the role for about 27, 28 years so very big shoes to fill. He was an institution very well known so now it's my job to meet and greet everybody and be as well known as well. Most importantly I wanted to share that SoCal Gas remains committed to supporting local governments and communities to provide safe reliable and affordable energy delivery today ready for tomorrow. And please don't hesitate to reach out and I look forward to working with each and every one of you thank you. Thank
you. Thank you, they're here. You can pass that out afterwards. Next is Mr. Hank Homburg and after him is Ken Ainsley.
Happy New Year Council. City Manager, Mayor, council members my name's Hank Homburg I live here in Solvang I've written quite a few emails the last couple months, but I just wanted to go publicly and say that I'm asking our City Manager and Council to consider looking into a feasibility study to possibly withdraw from our Santa Barbara County Sheriff's contract.
And maybe start a Valley Police Protection Department. Currently we're paying for one minimum cafeteria plan contract that yields us one deputy and he is often, he or she is often backed up for backing up deputies from the Chumash Casino all the way to Lompoc because Lompoc also has sheriff's deputy contracts part of their area. So a lot of times they're not even in town.
We receive zero speed enforcement very little traffic enforcement as our contract does not specify for a traffic enforcement officer that's extra And the deputy that is patrolling Solvang has to go through a special enforcement class and they're not going to do that. So all we get is the result, infrequent stop sign enforcement. That's it if the deputy is in town.
Rarely do we get proactive policing. I never see anybody on patrol downtown. I never see anybody. Only time I see him is on 246 going back to the station We're going the back way on Maple. We're paying $3.1 million a year for one deputy. Buellton is paying $3,800,000. So I think if we put ourselves together with Buelton City Manager Wolf, I believe his name is Scott Wolf.
And we can collaborate with them to be a force to reckon with with regard to just paying for a feasibility study. That's all I'm asking for is just the study. Maybe it works out maybe it doesn't. I don't know but at least we should be looking at it because the Sheriff's Department contracts only going to go up not come down. Carpinteria Gilead are paying crazy amounts as well, and it's really expensive.
So that gives me a second point I want to talk about. There's been some discussion about funding a new city hall. I want to quash that right now until we do our phase two wastewater treatment plant liability which is supposed to be $20 million. It's probably $30 million now because it's been three or four years since it's been broached That is off the table, people.
I don't know where this is coming from. I don't know who's steering the helm of the ship or the city to say that we need a new City Hall for a city that only has 5,900 people. So I hope we look forward to more infrastructure and you know, we have 25 miles of pavement that needs work. So thank you very much for your time. Appreciate it and I hope you consider it.
1:19 – 1:257 turns
Next, Ken. Pronounce that again for me please.
My name is Ainsley Ken
Ainsley. Thank you Ken. Yes. On deck is Mr. Steve Martin
Thank you, Mayor Brown and City Council. I would appreciate the opportunity to talk to you all and to address an issue that to me just suddenly raised giant red flags and this had to do with our meeting at the last session where we talked about the Friedenborg Canyon Road and what to do on that subject. I understand that the council has authorized an increase of this study to include per tap perhaps the traffic patterns on Friedenborg and maybe even five board. And I wanted to make sure that we have as city council members, as opposed to just consultants some very clear thoughts on what all the impact of that would be.
And so I want to address first off let me say that I've lived for five years on Ellis Hall Road at the top of the hill where that big S curve is and I've lived for two years on Chalk Hill. just beyond the cemetery before you get to the Skip Mesa. In both cases, my house is sitting right on the main road and I can watch all the traffic going either way on either of those roads.
In terms of addressing specifically the one-way question, I want to be clear that if we were to do that virtually every person in District 1 and District 2 would have to go to Mission Boulevard to get in and out of the city if they want to go to the grocery store, want to go to the hospital, want to go to Santa Ana's. If we did both Vyborg and Friedenburg. If not they have to go Alice Hall Road and up back backtrack to Vyborg to go down to Alamo-Pentana. To do that they have to go through the very center of the elementary school And at a time, most likely during rush hour when the students are going to or coming back from school.
Right next to there is the church and they often have giveaway programs for their food programs and other events right at that corner. Everyone would have to go through there one way or the other depending upon the direction that we set Friedenburg. So I don't know what problem that would solve. If we're trying to solve the speeding problem, that's not going to help because by making it one way you're telling people that nobody is going to be coming the other way so they can speed up.
And if you're talking about the footpath problem which I think does exist, we've got that problem on both Alosol Road and on Friedenburg Canyon and I think the traffic pattern you'll find at Alosol is much larger because I've been watching them walk back and forth for five years There's 30 to 40 people a week, if not more going up and down that road every day out of the town walking their dog, walking their friends, riding their bicycles. And there is no footpath at the top of that hill and it's narrow.
It's three blind curves so it looks to me like my time is up but I'll be providing a document that I'm gonna send each of you That describes all the details of some implications of either one of those roads being one-way roads. And I want to make sure that gets considered by you as well as by the consultants, so thank you very much.
Thank you Mr. Martin and after him is Mr. Dennis Beebe
Thank you Mayor Brown and members of council. My name is Stephen Martin, I'm a resident here of Solvang. I was pleased to hear recently that Solvang is in line to likely receive a million dollar grant to help us with our sewage treatment plant from the federal government. In these days and times which are turbulent we worry that nothing is certain As they say, the federal government giveth and the federal government can taketh away.
And I mention this worry because sometimes we have to take risks to stand up for principle and stand up for our friends. I personally feel it is time for Solvang to reassure Denmark and reassure the Danes of our lasting friendship and our commitment to stand by them as they have stood by us, very much supporting us always. Solvang is very much the face and voice of Danes in America.
Our friendship with Denmark and Danes is very important to them and I think to us The Danes are concerned, as has been mentioned by the former ambassador and the Danish people in government in recent months that the bond between us is being frayed. I ask the Council to place on the agenda for the earliest of the next meetings Thank you. realize the importance of our community as a bastion of Danishness in America and they've been good friends of ours over the last 150 years.
And we owe it to the Danes to just let them know, hey don't worry, we are your friends. Thank you.
Thank you. Mr Dennis Beebe
1:25 – 1:354 turns
Thank you, Mr. Mayor and thank you and the council members for your continued service to our community. It appears that Yulefest was probably the most successful ever especially if your currency is the number of people visitors and the number of automobiles but it appears obvious to me and many of the residents who live here that Yule Fest and other events like it throughout the year is really a two-edged sword.
It's good news, it's our lifeblood in terms of economics but it has negative impacts on the people who live here and I think it ought to be considered. In particular at the top of any issue list that the residents have been asked to contribute are the issues of traffic and the issues of parking. They're, oh I've been here over 30 years and they've never been bumped off the top of the issue list so what are we doing? I mean apparently we throw it over the fence to Caltrans as far as traffic goes because we don't have much power or authority on 246 and that's where all the visitors come from but parking we have more control over And I actually looked at a parking study.
As of next month, it's five years old. We contracted for it. We brought in a consultant. He looked at parking and the consultant did. I'm not sure if it was the best time to look at parking, analyze it because it was in the middle of COVID. So I suspect perhaps some of the consultants recommendations probably didn't really were effective but I looked at the recommendations have you as you prepare for your goals workshop next month, I hope that you will set goals that are specific to address the issue of parking. It's right up there. It must be a number in the top three. I looked at the recommendations of the parking study that you paid for that is five years old. There's five pages of recommendations.
I recommend you reread it. I'm looking at all the recommendations. I don't, I'm not aware that any of them were implemented. So there's been a lot of hand-waving as to how we can solve our parking issue. Oh wow! We could build a parking garage in Lot 4. Wave, wave. It's no good folks. You've got to come up with a plan. You've got to come up with some goals and come up with a plan as to how you're going to address the parking issue because it happens and it spikes and you know when the spikes are going to be so I urge you to come up with some goals Item 4.
Thank you Mr. Mayor and Council, I have several things to announce this being our first meeting of the year and a lot of things going on. I made the announcement at the last meeting, the last couple of meetings, the grant funding process is open. It opened on December 1st and it will close on January 30th, that just being about three weeks away. Be aware please that there are a mandatory meeting required if somebody from the organization has to attend. The first meeting is this Thursday the 15th 3 o'clock in the afternoon to 4.
The next one will be the following Thursday, the 22nd of January from 4 to 5 p.m. Again if you do not have somebody from your organization attend we will not be accepting your application this is an effort to help streamline the process We typically are very eager or willing to give funds to businesses and organizations that service our community, but it's been very difficult.
So we're trying to make it as streamlined as possible so these meetings are mandatory. You don't need to attend both you only need to attend one. Again if you have any questions that if this information is available on our website I also wanted to call attention to this new plaque on the wall over here near the clock. This was generously donated to us by our arborist, West Coast Arborists.
Other items that they've given us in the past are made from trees that they've removed or otherwise, you know, serviced in our community. This one identifies it's done in the shape of Solvang City Limits and it has information about trees and tree cover and the value of the urban forest that we have in our community so I thought it was a very generous gift. Thank them for that and it's something worth checking out. It's very beautiful Mr. Beebe commented on the goal setting session, remind everybody that is on February 7th so it's coming up here in a couple of weeks it will be held at the Kraft House at 10am February 7th that is a Saturday It is the day before the Super Bowl So far the 49ers are still in the mix so hopefully we have something to cheer about that day I also wanted to point out to the community that we are attempting to get an Office of Traffic Safety grant.
There are funds available for speed-related, to help prevent speed related crashes, drunk driving and pedestrian injuries. So we're looking for information input from the public about where you might want to see radar speed signs. There are grants available for that, we have several in the community already but we can have more also flashing stop sign or flashing pedestrian crossing signs so please send an email to PIO it's for Public Information Officer abbreviation PIO at CityofSolvang.com We need those comments by Friday, this Friday January 16th Also wanted to alert the community that there is a new policy will be effective February 1st about Multiple payments.
We are going to not allow multiple payments for water bills if effective February 1st and the policy essentially will be available on our website and it's full payments are required Unless it's authorized by the city manager. And there will be a payment processing fee if the council adopts that in the process as we do the budget this year, which there will be a fee recommended.
So just so that it is available for review, will be available for review at the front counter also on our website As far as upcoming meetings, I mentioned the Council goal setting session on the next agenda on the 26th. It will be a mid-year budget review. There's also going to be discussion about the Mission San Yanez TUP issue that was up a few months ago. There are also several code amendments for various things, prevailing wage and news racks and some other things like that.
On February 23rd we will have our mayor for a day and we will also have a discussion about Our Recreation Master Plan. On March 23rd, we'll have the annual report from our marketing group and on April 13th there will be a discussion about the Solvang Mesa Landscape Lighting District annual assessment so that's a couple of coming attractions and that's all I have for now
Thank you. Any questions of the manager, Mr. Aponte?
Thank you. A couple things. First I'd like to commend you on the monthly letter that you put out. I think that's terrific but you did mention the February 7th date for the meeting on that but did not list the time I have been getting calls saying, when? What time of day is that going to happen? How long is it gonna last? Those types of things. So I was very happy to hear you say that tonight and then it starts at 10 a.m..
Do we have a duration?
1:35 – 1:4618 turns
We have the room scheduled until 3 p.m. Hopefully won't need all that time but we do have it available until three
okay Thank you.
I had a quick question for you regarding the policy for multiple payments that you mentioned for bills and you said that there would be a charge, is that for making multiple payments or is it an emergent charge?
No it's for making multiple payments. It takes staff 10, 15, sometimes 20 minutes to process a payment. And so our fees are designed we can only recover actual costs. So we're going to have a fee established based on what that cost is and make that recommendation of council as ways to adopt the new fee schedule as part of the budget process.
Thank you. Anything else? Okay
move to item five Madam Clerk would you read that into the report please
Government Code Section 53232.3d aka AB 1234 and Government Code Section 84308 aka SB 1439 report out. Ex parte communications, council comments requests.
Anybody like to make any comments? A couple
things I have to report and some comments I'd like to make. So first of all, to add on to the goal-setting session this past week, I did meet with the consultant in anticipation of our end of prep and to kind of disclose some of the things that I wanted to see on the agenda with our consultant who we lead in the goal setting session on February 7th So a couple things to add there.
She mentioned that we would have a six-hour session, so that might be a clue on the duration. She's scheduled for six hours therefore I think we all are. Just as commentary or response to public comments my top two you know she asked for priorities They were pretty clear parking and traffic, and then affordability where the things that I suggested were very, very high priorities for us as a city. So that's kind of my ex parte report out on 1, 2, 3, 4 what I had done since we met last.
The other thing I wanted to mention, I did take a personal trip to Copenhagen, Denmark over the holiday break And I took away several things. The city clearly has a lot to learn from what they do, how they build a sustainable environment, handle transportation and with our use of bikes. I mean, they're just some phenomenal things that clearly go on in that city now. We have a deep heritage and a deep history of inheriting so many things from that partner city of ours.
And I would- I just can't imagine a scenario where we aren't deeply acknowledging that friendship, that heritage, the community That brings their culture and their families to Solvang. And these are so many deeply rooted reasons why visitors come to our city, so I would concur with public comment today that we should take some action reinforcing that friendship and that it has been long-term and will remain long term.
with the City of Denmark, and I had just a fantastic experience there. And then finally wanted to make two shout-outs one for the marketing team and the business community in support of Yulefest it was clearly phenomenally successful in the city staff that really went over the top yet again upping the bar every year on what we delivered for Yule Fest and how we performed with all of our visitors. And it does put pressure on the residential community, but some of the things that we did like the traffic guards along Alice Allen and Copenhagen Road were extremely helpful for the north-southbound traffic I know we can always do better and so i'm looking forward to the feedback both from the business community, the chamber and our marketing teams on you know what was the real outcomes and what do we want to improve going into next year.
The second shout out is we did have unprecedented storm yet again more water in the city and uh the staff responded to I think overall the city did really well in, you know, how much damage we incurred and how we responded to that much water. But there were some over-the-top responses for some fallen trees and a lot of water in my district in particular. So I want to thank the city staff, PG&E, and some other folks on private parts of the city that really responded positively and kept everybody safe. So thank you.
Thank you.
That's all I have.
Mr. Infante, I see your hand
up. Thank you Mayor. A couple of comments the agenda packet presentation has changed that's obvious to all of us and for some of us it was just I had couldn't figure it out so I asked for a printed copy There's no page numbers that let me go through this and figure out where I am on this printed copy. And there's a printed copy over there for the people to come in here, they won't be able to figure it out either. I am curious why we did this?
If this is predominantly to allow the council members to read the staff notes and what's gonna happen so we can make a reasonable decision on these things then if we want to do this as a city Why weren't we trained on how to use this? Why wasn't it given to us as an option to even do this in the first place? I do not know that this makes any sense. Anna Marie had just come up here five, just before the closed session and showed me how to use the thing because I was doing what she says a lot of people do. I was hitting the PDF button. I was having to download different files. It wasn't comfortable Easy to use. I'm playing with it a little bit now and it's not bad, but I'm not sure that I care for it that much.
I would have to ask the rest of the council members what they think about it. But the one thing is if we're going to go with this, I'd sure like to see a presentation on what, why and how? I mean, if you're not going to train us and put a video on the website so we can watch it and figure it out ourselves, we need something because I understand HTML and hyperlinks and things of that nature, but I got lost on this. And I had kept some old website information in here so I was going back to an old system depending on which browser I was using.
Just, I confuse easily. In case you can't tell. Okay, so that's my comment we need to do something about that I'd really like to see something that explained to us why we're doing this if we're going to continue this and train us on how to use it properly all right then I noticed on the for upcoming agendas we don't have anything for the February 9th meeting When are we going to address the urban growth boundary?
I mean, it isn't listed on any of the future calendar meetings. I know that we're trying to put together a group of people to help us give us facts but what are we asking them for? How to get rid of it, how to fix it, how to modify it. What is it that we're gonna do with this group of people? And because I didn't read that in the application to sign up for that and when does the first meeting due and when are we as the council going to start getting these recommendations from this group?
And so we have an idea what to do. Question? All right, I'll go on. Out in front of my house last couple days they've been tearing up asphalt and drilling down and pulling out dirt and stuff in the street because they're gonna replace some water valves. Went out and talked to them good bunch guys. In two weeks they said we're gonna shut off water so we can change out some of this stuff. We're gonna notify you.
How are you going to notify us? Are you going to call us? Send us an email. I mean, you've got all that information from me but how about everybody else on my street or the streets around it? They were hitting three or four different major streets including Bybork. They're tearing it up and they got steel plates covering the big holes that they're putting in there. What are you going to do to inform the residents that, hey we're gonna shut the water off and how long is it going to be off? And what do you do in the meantime and can you park in front of your house if these guys got this big machines out there.
They actually were really good because they started doing it on the day that the waste management was picking up trash cans and they moved and took care of everything let them pick it all up So they seem to be handling it pretty well, but are they going to call us and tell us? Who's gonna tell us when you're gonna shut the water off and we have no water. All right that's enough for now thank
you. Anybody else?
Yeah, I just want to thank you about bringing it up because I am playing with the new agenda format. I just realized that I can just preview everything and I don't have to download it all as I just did so.
Thank you. We were doing it wrong.
I
understand.
1:46 – 1:5513 turns
Some more?
No, I appreciate the effort on going you know just going paperless and there are a lot of things that you can do with it but I think it would be a good idea to have a presentation on how to read the agenda for the public in general. Any
questions? Okay comments or feedback
So the agenda management system was something that was underway when I started. And it's taken some time to get it coordinated, but Anne-Marie has some commentary about that and I think Rafael might have a couple of ideas on how we might have made it easier. So go ahead and start.
The thought process into implementing an agenda management system is that previously we were completely manual, which meant pretty much that if we were paper-based and every time we wanted to submit something to make an alteration even after the agenda was printed was very labor intensive. It was a lot of renumbering and practically doing the agenda over each and every time.
If someone brought presentation materials after the agenda was printed or if someone added public comment, it became very disjointed. So as with the way everything is going these days moving into an environment where we're not dependent on our city computers and our city staff being here this allows this process to continue whether or not there are people present at City Hall, or whether or not our current computers are working. So it's more of an internet-based interface and everything is hyperlinked so someone can go directly to the item that they're interested in learning more about without having to flip through hundreds of pages. Sometimes we've had agendas over 1,000 pages and they just want to get to where they want to go. I will agree that a presentation is probably prudent and was overlooked.
It seemed very intuitive, but my hands have been in this for years constantly making these changes and becoming familiar with it. So I can see that the average user might want a little bit more of a presentation on exactly how to use it. The major problems that we're finding with people being able to use this is not that they're unable to use it, but they bookmarked the old location for how to access the agenda instead of following the links that were provided when we say that we've published it.
So, it's just a matter of updating your hyperlinks or your bookmarks so you can get directly to that agenda page. I'm happy to bring a presentation forward at the next meeting that shows you Modern, sustainable, environmentally stable, and also sustainable Thank you.
Good evening. I'll address the UBEC comments there for the urban growth boundary so it's not in your, it's not in the future agenda simply because we're currently taking applications up to 31st to form a committee this committee is envisioned to have about 12-15 folks and it's actually envisioned to have a series of meetings to discuss and drill down a little bit further what is the urban growth boundary where can we head? What are the pitfalls? What are the positives or the negatives The end product and these meetings will be open to the public and then the end product ultimately sort of report out to the City Council, to then sort of take a decision of where do we go from there.
A six-month solution, it's not a year solution. The reality is it's a very long process that involves not only our city but also LAFCO, our residents. So again getting that information up in sort of a committee format very similar to the GPAC but a little bit more managed this time and then having that report back out to the council And then taking that decision of where do we go from here. So that's why there's not much that's on there, I will create a web page sort of describe that and it'll think of it as four to five mini lectures and then with a substantial amount of input feedback Q&A and pondering, and then take those ponderings and bring it to the next class. And so it is very much going to be built upon itself. So that's why some of the questions were geared towards what is it that you do?
What are some of the organizations you have? What's your availability, et cetera? So we could really again plan out when these meetings will take place because again not only do we need all of our members there to provide those opinions of where they're at especially if our community members that bring different types of viewpoints And again, that's the intent is to provide all these viewpoints and give this council sort of direction of okay Here's the report out.
Which way do you want to go with this?
Okay if I may So when will the first meeting be
so the first meeting is Projected to be March and so again it's it's these are If you've never put together a lecture, they're very time consuming in terms of putting the material together. Getting that material out sort of whatever study material needs to be picking out the dates and then from there going over it to sync topic, topic, topic because again it's one thing to do a presentation of this body which we have a limited amount of time. It's another thing to really my kids say do the research and so that's really what we're trying to do is do the research and give and provide that information so we have a very quality report out to this council, coming back with many voices from different avenues and areas of this town. And then again taking decision from there.
And whatever decisions made whether it's stay put or let's move forward with amending something that then goes into our next step. And so in that next step is gonna take some more time And so ultimately in the end, there is sort of an end game. But that end game does take time and we are Randy and I and Chelsea were very aware of what's going on in terms of our dates and calendar dates where we need to hit. So understand the frustration but at same token it's almost you gotta let us cook a little bit before we get back to you.
Well, I would recommend that everybody on this committee get a copy of the Urban Growth Boundary Initiative. It's really fascinating reading.
Yeah and that's part of the course material so like I said treat it as almost like it's a college lecture where we'll give you a syllabus and course material and we hope you read up
And the 2018 study on the boundaries and sphere of influence. Right, yeah. Those are the two documents that I think are going to be essential for everybody to have some understanding of before they can really have a significant discussion on this.
Very much so and then we have other documents as well that we've passed since then such as our general plan and so those again those are each little pieces of the puzzle that need to be understood. Thank you
And I can address the utility concern. This is the same group that did the water line main replacement in Nyborg, where I live and they were very communicative. They hang door hangers if they have to block the street or close you know no parking in this area kind of thing. They put it up a few days in advance. Jose's been very communicative and has Dispatches as well, so they're tearing the street up now so that the amount of time Obviously they have turned the water off So they can replace the valves because that way they don't have to turn a whole neighborhood off when there's a problem and So this is one of the things about identified. It was part of the contract that was awarded by council I know back in October. I think maybe longer than that now But they've been very good about notifying And I've heard from several of my neighbors that were very appreciative of the amount of communication that this group did, so I often would.
You don't have anything to worry about.
1:55 – 2:0113 turns
I have a few things to discuss. The Greenland sovereignty that was already brought up, I want to make a shout out to Andrew Nguyen. Fascinating review and from Joy Cully, who I know is she has her business directly below mine. And if you've won her over by God, you did something really great. She's a great person and congratulations to Andrew for his efforts on the that was also a water issue, I believe.
Christmas Day, I'm driving out to the Allisaw and there's a tree had fallen across the road right there by the golf course. Within the hour, Maggie and Cesar were out there cutting it up. It was on Christmas Day. I admire them for being out there. It was raining, it was wet, and it was Christmas day. They could have been with their families but they were out there fixing the road. It's much appreciated.
And then also Trevor, I got nice feedback on what he's done as well. So thank you to our team. I think they're doing a great job. Wanted to... Also our YuleFest team Thank you, Mr. Chairman. Control and things along those lines would be more than warranted, just by the size of the crowds for no other reason. And maintain that safety. I also want to thank all the locals who were very gracious, patient with parking and traffic inconveniences.
Again we suffer a little bit to have a wonderful event for our guests and I hope our residents enjoy it just as much as our guests do so with all those little inconveniences and then again that the park Man, it sure looks used real quick. Perhaps we can do something different there but it'll come back but all in good time. So that's all I had for ex parte items for today.
Let's move on to item 6, Consent Items. Madam Clerk could you read that into the record please?
Consent is for routine administrative city matters and is approved with one motion. These items are discussed only on request of council members. Members of the public were afforded an opportunity to speak during the public communications portion of this agenda.
Thank you, any concerns with the items that are presented? Mr. Fonte I see your hand getting busy tonight
I would like to pull and discuss item H. Just a couple questions about it that I don't understand, not knowledgeable enough that I wanted to ask.
Okay anything else? Then I'll accept the motion for the balance of the items.
I'll make a motion to approve the consent items A through G and I through K.
Do I have a second?
I'll second it.
It's been properly moved and seconded to accept the consent items 6A through G, and I through K. Roll call please.
Roll-call vote Passed 4–0 moved and seconded to accept the consent items 6A through G, and I through K. Roll call
Show transcript
Motion passes 5-0
Discussion of 6H.
We have in here an approval for an increase for one of the contracts under Meridian. And then we have in, I think it's H. We have, or is it K? No, that's H, that we will novate the contracts into this new organization's name Trinity and I'm curious so my understanding of novation is somewhat limited but they're taking over all three contracts, all three pricing One of the contracts lists individual names with rates. Are those people going to Trinity?
2:01 – 2:209 turns
Yes, so my understanding from talking with the representative at Meridian is that all the people who are working at Meridian are now under Trinity umbrella. So they bought out Meridian and their contracts and so anybody who was working for Meridian on our contracts is now with Trinity. The innovation, part of the reason why we're seeing a 10th amendment to one of the contracts with Meridian still and then an ovation for Trinity is that 10th amendment is actually effective as of December 31st because that's when the contract expired.
So that backdates a little bit and then the novation is effective should you adopt it today. And the reason why we're doing that is because now that Meridian, even though it's still like right now a legal entity, our understanding from talking with representatives is that eventually it's just going to be Trinity and Trinity is the entity that holds the insurance and has essentially the resources should there ever be a dispute. That's who we want to be contracting with not just a shell of a legal entity that might still exist.
That makes sense, thank you. It was just that I saw a whole bunch of rates in the contracts and in the innovation it didn't say we're assuming all of these people and their rates and all of these positions and their rates. It just said oh yeah we're going to take over the contract so pardon me if I'm curious if they're gonna come back and hit us with another update or something
So they will be bound to the not-to-exceed caps and the pricing in the current contracts. I mean, I know that scope of work maybe like lists individual people but even if it was still Meridian and that person moved on you know someone of the same level and price would fill their shoes so the novation is not to that level of detail on the scope of work but there I will move we approve.
Item 6 H.
Roll-call vote Passed 4–0 move we approve. Item 6 H.
Show transcript
Motion passes 5-0
Thank you, there are no public hearings for tonight so we'll move to discussion items Item 8A is an alpha Madam Clerk could you read that into the record
please Discussion and direction on draft title 11 chapter 13 signed ordinance amendments
Thank you. Staff report, please.
Good evening Mayor and Council. So this evening we're bringing an item to you for just a update of where we're at and also getting some input and feedback on a couple pinch points that we have remaining sort of just as a reminder that the this draft ordinance is not for adoption this evening it does need to go through it's a working draft so it continues to be reviewed by our city staff as well as a City Attorney So again, we're just seeking feedback and letting you know where we're at with the ordinance itself.
So just a little bit of project background. This all started with a joint workshop that was held in March last year with the Planning Commission and it was our signs and design workshop trying to get... We solicited feedback in the months prior to that from the businesses via the survey So really just trying to inform both the Planning Commission and DRC of the issues, and that's where we started this journey of potentially amending our sign code.
From that meeting, we received feedback from the Design Review Committee during the summer, so it was in the months of June, August, and October. So these we basically took the existing side in ordinance and we provided chunks to the DRC for review and discussion. We then took this item to the Planning Commission November of 2025, and so now before you sort of this check into the City Council before we begin finalizing the ordinance for adoption. So again, our target date for adoption is March 2026 and so that the basis for the amendments are a couple fold.
The city last really touched its signed ordinance back in 2012 and 11 from there was an effort in 2019 to amend the signed ordinance and that effort included Revising definitions, revising sizes as well as the process to which signed permits were approved. It's currently still the DRC and which was at that time the Board of Architectural Review was reviewing the signed permits. That effort died in the fall of 2019 as the Community Development Director resigned and wasn't really picked up from there So again, the point here is modernizing the city sign regulations. That was what 2019 tried to do but what it did not do was ensure legal defensibility and First Amendment compliance. That was actually a big component that was lost in the 2019 sign ordinance that failed to move forward The other one is adapting to new technologies and business needs.
They're prevalent throughout our city as technology has dapped, we need to review our ordinances and go from there. And then the biggest one is maintain our Solvang Danish Village aesthetic. So that's something we've heard over and over again from both the Planning Commission and the Design Review Committee. So one of the biggest issues we have at hand is this idea of content neutrality, which is why you see a large difference in your draft working ordinance versus the existing ordinance. Really that the biggest Supreme Court case that did all this was Reed versus the town of Gilbert in 2015 and so again it's looking for sign that you basically can't read the content of the sign but instead you have to enforce this idea of time place and manner So, our draft ordinance removes message-based distinctions including political signs, real estate signs, opening signs, motel signs.
You name it those are again those are content based messages remove that and then as I mentioned regulate based on physical attributes place and duration so again we're looking at size we're looking at where exactly you can locate the sign how long you can put the sign up, if it's permanent is a temporary etc. And then the other one is allowing non-commercial message substitution on any sign structure again that was one of the key components of the Reed versus Town of Gilbert was this idea of signed substitution so again here are some just examples that are out there of some non both a commercial sign on the above and then non-commercial message sign on below As with our council goals from the fiscal year 24-26, was looking at revising some of our older code sections.
Again looking at streamlining our language and make clear intent that's the whole point to the signed ordinance is get away from the statements of, you know, should or create essentially objective standards. Simplifying the permitting process so utilizing these sort of administrative sign permits instead And there is a touch of that in the working ordinance.
What that means is it's not going to a hearing body, so in the working ordinance there are some proposed changes for blade signs or the suspended sides you see throughout town having staff being able with ability to approve those and as I mentioned objective design standards with measurements and clear-cut standards that are there And then integrating this with the updated design handbook, which is another project we're currently working on. And then as a side project, not only is the sign ordinance a big push but also creating an additional sort of signed handbook or signed handout that really further dumbs down the language so that we can give that to property owners and business owners to say this is our process, this is what you need to do, oh by the way here are the type signs you can use.
So some of the, you know, revised standards just to give you an example as we included illustrated measurement standard so in your packet. There were not only illustrative standards but also just spelling out exactly where to measure sign that was not Very well done in our existing ordinance. Objective limits for area and height and placement, again time place manner. And then illumination that's actually a big one. Illumination is actually missing in our ordinance so for a town that its general plan strives for dark skies we were completely silent about the type and how strong of illumination signage is and signage contributes to that sort of night pollution in the evening And again, strengthening our maintenance and repair requirements because we do have some there are times where unfortunately businesses do go under but they leave their sign around or some signs that just have weathered.
Unfortunately not the test of time and so we do need to sort of strengthen those maintenance and repair requirements under the understanding that we are a terrorist community and so we kind of need to put our best foot forward on some of these signs So again, streamline review. That's what we heard loud and clear from the business community. It is a council goal so administrative permits for routine signs including proposed over-the-counter allowances for suspended signs that's written but it is a question that will come to in a minute have our design review committee handle more complex applications. So currently, you know just to give the example of our current process you have a sign application we currently review it to ensure either consistency with code and make sure if you need to ask for an exception you provide the language for the exception if you're missing items then we kick it back to you until we have what's called a completed application and then take that to the DRC with a recommendation This process has been implemented over the last year and a half.
It's really cut down on a lot of the debate on signs, but again that's just a simple processing change that we made to ensure that what we got from our completed applications, we actually gave back completed staff report to the DRC with clear-cut recommendations and clear-cut you know here's why they're asking an exception rather than we're just asking for exception but we're not going to give you rhyme or reason for them As a part of that, we have clear appeal and exception procedures. Unfortunately our exceptions section doesn't have a clear set of findings for that and there is no clear who does this go to. This again cleans that up because we want to give applicants every avenue possible Either if you want to comply, we'll give you the easiest path forward.
If you don't want to comply that's great and that's fantastic. Give us a reasoning into why and then here is your alternative path forward." So always sort of providing what I call off-ramp to be able to then get to yes and get to essentially the business goals that they feel fit and then working with that applicant. And then consolidate enforcement and compliance into our city code, and that's a big one. We have a wholly separate compliance section that doesn't make a whole hell of a lot of beans, and that's something what we've been trying to do in our last code update. Randy had mentioned earlier this evening that we're bringing some of our other codes such as use racks to you again consolidating the code enforcement aspect because we just want to refer to one place in one place only.
We don't need to go to each separate code and so it makes something completely different So this evening that sort of gives you a very broad overview. We are asking two sort of key questions as a part of this draft ordinance and again it's a working draft, it very much needs to still get vetted by Chelsea and her staff there and then again based on your comments this evening we'll continue to work at it.
So we did find two sort of pinpoints that where the DRC and the Planning Commission really did differ as well as city staff actually And so the first is sign approvals by city staff. So you sort of, we have three flavors here as I mentioned earlier a little bit of the history in 2019 there was a push at that time to let city staff approve all sign permits. We are a very unique community that we take our sign permits to the DRC.
That does however, there's a good side and a bad side to it. The good side is it provides additional scrutiny to the sign applications. The bad side is it takes time and that's the biggest key. And unfortunately as you know what we hear a lot from our DRC members and planning commission well They should have thought of the signs in the first place. Well, that's usually from a business standpoint you're going through permitting You're trying to open up a shop. You're going through not only our agency but probably maybe Santa Barbara County Health Maybe the fire department you have other things going on and usually the last thing on most people's minds is a sign and so So that that's where we become this linchpin of you know Can I need to sign up and I need it as quickly as possible.
Can you help? And unfortunately the way our rules are set up today, that's a hard thing do So in 2019 the thought was making it a staff level approval many municipalities actually make signs of staff level approval for most signs so again That could be one way of approving signs at the city staff level. Still providing that off-ramp if it's a unique or doesn't fit the code, then it can go on to its you know the DRC and potentially Planning Commission. Or if it is a larger sort of sign program, it will still go through those levels of review.
The second is just leaving it the way it is written today as all permanent signs go to the DRC So essentially what you see in today's process will be replicated in the new code. The third one is what's actually written in your draft ordinance, it's sort of this halfway point and so the draft ordinance will remain as written which allows for this idea of that blatant suspended sign. So at least it gets your sign out there we can approve that at a staff level. There is a caveat though and that came from the DRC is that if there was a wall sign needs to be proposed it's got to wait a while Um, or it's you know or then it has to go to DRC. That's tough to do but I understand that they want to see the sign package as a complete package so that's what that's coming from and that all other permanent signage is reviewed by the DRC so that includes wall signs window signs, etc.
And again these are permanent signs. Temporary signs the current so those are potentially you know coming soon etc. Those signs right now are completely cleaned up in the code and those would go right to city staff approval because right now it's kind of a mixed of everything. It's actually pretty silent on a couple things and there's one item where it says the City Manager has to approve and that's for like a civic event sign but trust me it's a little jumbled So we've rewritten that part to at least, again, provide a little bit more permit streamlining to allow for those temporary signs to be approved at the staff level.
The second one is this max signage allowed. Currently there's an overall signage limit that's proposed. It's not based on square footage. It still increases the overall amount of signs a business can have. Approximately 11 to 20 square feet. But again, it is kind of arbitrary, kind of not. It's kind of based on the sort of average linear feet of some businesses along Copenhagen.
The Planning Commission felt that was very limiting, particularly for those businesses that have corner lots in the village. And so they are recommending to modify the overall size limit based on what's called linear square feet. So linear square feet essentially is if you imagine your storefront on Copenhagen we measure your building edge to building edge and that's your linear square feet. A great example is if you have 60 linear feet of frontage on Copenhagen Guess how much square footage you get? 60 square feet. It's a rather simplistic thing, that's why most municipalities have it like that.
So what it does is if you have a smaller space yeah you'll get smaller signage but if you have a larger space guess what? You'll get larger signage so again it's very common practice not only in California but throughout the nation to regulate signs in this manner So again, that's our sort of two linchpins that we have and looking for any other additional questions or comments from the City Council.
And again, this is not the last stop. We do have to work through it all over again, make sure it's nice and pretty and then take it back out to the DRC for not necessarily comments but just to present out to them. And then ultimately we'll go to the Planning Commission for recommendation and then City Council for approval. So with that I'll open up to City Council for comments or questions.
2:20 – 2:2827 turns
Thank you. I had a quick question if you'd leave that slide up for us? Those are the two items you're looking for direction on, correct? Yes. My question is if we have staff approved what guardrails are there for those approvals?
What do you mean by
guardrails? I guess the criteria that they'll approve it with, with regards to colors and everything else?
Well again, colors are gone. That's subjective. That's message time place manner. So if it's located in the location that a wall sign would be allowed, if it's the square footage to which it's allowed and it's the letter height of its allowed then it's approved.
Okay
regardless of
any other items just time place and matter
Yeah, again that's looking at colors, fonts. Those things are currently under our code are currently unenforceable through Reed versus Town of Gilbert so we haven't really been enforcing those because that is looking at the content of the message. We are not allowed to look at the content of the message.
Raffaele I have a question on that You're saying even with a SISUM or design guidebook we're in place, signage is exempt from color governance?
Yes, for minor exceptions usually you have signs that mimic government signs or street lights etc. But yes, we're
not looking at the
color.
That would interfere with say driver safety or something like that? Right. Okay so that's a big departure given The fact that we have a color palette that we use for buildings and facades etc in the city. We can't, we have no method to find aesthetic consistency between a sign and its building
For signs, no. And again you're beginning to now run up into this is now essentially the DRC issue du jour for the last five six years seven years ten now and we're coming up past 10 on Reed versus Town of Gilbert it yeah go ahead
So, you know I think Raphael's explaining it in He's trying to make it very clear but this area of what you can regulate on signs is a whole huge body of case law and You know so we're trying to give it in Simplified way in a sense because there's just totally
get it. I'm separating the look from content
so We can regulate time, place and manner with signs. Content-based restrictions are subject to a very, very high standard of review under federal law and basically that means all content based restrictions get struck down by a court. And so Raphael's designing this sign ordinance in a way that we think is We're still working on it, but the goal is to get something that we think is defensible so that we can enforce it.
So you know it's a little maybe simplistic to say we can't ever do anything with content but if you start regulating content then we have to meet such a high standard of You know being directed to a compelling state interest being narrowly tailored for that, but it's very hard to meet. So things like something that's going to be flashing and mimicking a traffic sign is going to confuse drivers like that's probably something we can regulate content.
I'm not asking the content question, because I know I asked a bunch about it today in emails. But no, I'm asking about the color specifically. Let me be more pointed about my question. If we had the design book in place as the hierarchical kind of the overriding design guide post for things that sit underneath it, which could be buildings and could be signs. Can we structure our ordinances such that we have more governance over the look and feel? Just color for signage.
I think with signs, color gets a little tricky because often businesses... It's their logo, right? It's not as much like those color of the wall in the building and even under our current We're not dictating people's logo colors and in that level, I mean there's cities like Westlake Village for example that basically to make everything blend in. I think with the background it's all brown right? Even Target is brown.
Exactly! Target's logo is not a Target logo in Westlake
Village. That has been.
How do they do that?
That's the approach they took, I believe that happened before
Reed.
So I don't know, I haven't checked in to see what that looks like now but you know, that level of extreme has not like even under our current regime we haven't done that for logos and the content of signs, the color way and I would hope it's in It might be in the tenants interest to draw more attention to their sign and make it neon paint. We somehow have
the right to do that but we can't govern colors? I'll give you my frame of reference here. I think I called Randy when I came back from a trip to Buckhead last year and it's kind of cool city, really hip, a mix of like really cool architectures and cottage buildings. Their signage was a disaster. It was so disorienting they had signage on the street Signage that was like set back from the, on a front lawn and signage that was plastered on a wall. Some of it was aesthetically weird like a billboard in someone's front yard and a really cool sign on a building. It was really driving through the town you noticed it was chaotic but and just even compared to what we do It's very consistent looking appeal today and maybe if businesses have cooperated by default.
But you know ordinances, you want them to work on their own that was the point of what you just told us is like if we streamline this it's simpler for the businesses and we can get things done faster but I think if there's a clear guidebook Then businesses, they know what they're kind of dealing with when they come to set up shop in Solvang.
Right and I hear you, and I hear that comment. You know if and that our sign ordinance is rather restricting in terms of and it will remain as such in terms of the amount of signage because that you know hence the why there is a limit right now you know 20 square feet no matter what it is that that is rather you know it's it narrows it down there's also again on the time place manner The manor portion is how does a suspended sign look? Well, I'll tell you how it's going to look. It will mimic wood MDMF.
of standards that help to offset the wild ones. And they are already specifically in here, but again not going into that content essentially or even looking at the colors and the fonts and can I put a website on my logo even though it's a part of my logo? We're not looking at that anymore. Instead, we're looking at the shape, the feel, the height, the placement, the width, the depth that make the letters stand out in 3D versus being flat.
Those then really start to tell the story of a sign versus focusing on the script of a font or color or logo, et cetera.
2:28 – 2:3633 turns
I'm hearing you say that the design book doesn't have, guidebook has minimum role? Is that what we're saying?
No.
It can't be leverageable.
Can you repeat the question?
Yeah is there a way we can like if the design book was in place can we leverage that In reference, in this ordinance more assertively that will give us the outcome we're looking for. A more aesthetically consistent use and leverage of signs.
The draft ordinance is already doing that?
It's only mentioned like one or two places I'm saying maybe we strengthen it.
You can most certainly direct city staff to strengthen it in the guise of trying to be consistent with it.
Where are we with that guidebook by the way how close are we
I keep writing staff reports that come up for things and can only do so much.
We're gonna go back through this with a constitutional eye, so we can definitely try to see where we can strengthen color or thematic palettes, that kind of thing. We just have to...we're trying to walk the line of having a strong sign ordinance that keeps the cohesive look while making it defensible and enforceable But thank you, I mean we will definitely look at that.
I have a question so is what the DRC requests of applicants enforceable at this point? It's been a while since I've done a comprehensive applications for signs but i remember them you know skewing away from certain colors or you know I don't know if they have say that they have an opinion on what kind of imagery design uses or what the locals look like where they can a font. If the DRC doesn't like it.
Or you know, they say that they wanted to look different is that enforceable as as it is written today so
we can
always
It's often a collaborative process, I mean the DRC can provide all the comments that they want on the sign for the look. You know they can say we suggest that you make it this and this and this where the rubber meets the road is whether they're going to deny an application based on that and like we have to be careful to not be denying sign applications based on the content of the sign.
Where that line exactly is in terms of I think a conservative approach is that we shouldn't be denying an application based on the font choice. But they can certainly provide comment and if the applicant's willing to work with them, which often is the case then they do and that's fine but It's a sign, you know denying a sign should be based on the time place and manner criteria under the current ordinance. We've been trying to stick I think to just applying You know those criteria but when it comes before the DRC like they often have other stylistic Comments that gets worked in there's just not going to be a basis for denial
Yeah, because if you cannot deny a sign based on what it looks like but rather again where the size somewhere then I don't know if there's much of a point on them going to review it. It puts a lot of stress on somebody that's trying to open a shop that they might have to wait up to two months just to see if their sign will be approved. And in the meantime, you have customers that are not going in because there is no sign saying what the business is about.
It's well meaning that things go up to the DRC so they can provide feedback and create a collaborative space where the applicant can put up something that is harmonious with our city. But on the other hand, if They're not going to be able to deny a sign based on what it looks like. Then is it worth having that be part of the process, going to DRC just for signs? I know there's other things that are gonna go to DRC but signs specifically...
And that's what we're hoping you all will... I
totally appreciate what you're saying Claudia because I can't imagine being a business and then so I think what we're talking about is permanent signs. Hopefully the businesses know they can use temporary sign to direct public to your business until you get the permanent sign approved, correct?
That's part of our problem, is our temporary signs or sign portion is just so mangled that it...
But you've got it cleared up in this paperwork right now.
100%, yes!
So we're on that path too but I have to make the point here because in the absence of a design guidebook, I sit into those DRC meetings occasionally It's not my background at all. I don't know their lexicon of words to use to describe why a design works and why it doesn't, or the color works and it's not compatible with others. They know what they're doing but without a design guidebook Where you're at risk, any business is at risk of five people's opinions and their points of view and the variety of feedback on what looks good and what doesn't. The design guidebook has to be there to set boundaries and also to set expectation of what is likely to be acceptable and approved.
So, and I'm just shooting out the hip here. So it sounds like you know ultimately we want two end products. End product number one is an ordinance that is legally defensible and easy for city staff to implement okay? That's goal number one. Goal number two is a whole different subset goal. It's I want to provide a product to our existing and future businesses, hand them a sheet or two And condense this very large ordinance to say, here's what you can and cannot do. Oh hey by the way we prefer this and show images of signs that are preferred whether it's colors and other things that really exemplify the aesthetic of Solvang.
If that's something... Yes,
I think that's the
purpose of the guidebook. And that is something we can totally do.
That is the purpose of the guidebook. Same as what you're already suggesting in this current ordinance is examples, the pictures and your size guideposts and things. That's excellent that we've started to include it now because again if I were to run a business it gives me clear images
I'm a visual person.
Ideas
of
what could be approved quickly.
And so that begins to morph that sort of, again, sign handbook essentially is what it is. It morphed into this idea book too and it illustrates here's how to get it approved and here are examples of signs that we really like to see in our community
So my main point is that in the absence of that guidebook, we're still opening ourselves up to a lot of work if we don't prioritize it at the same time as we do the ordinance.
And that's the intention of this is actually to do that book at the same time as the ordinance so you would see it at the same time
2:36 – 2:4322 turns
I think my point is let's say that the applicant has a concept whose you know they feel that their signage their branding does not. Is not well represented with the examples that you have in the guidebook. If they apply for something that doesn't fit within the guidebook as long as it fits again time, place and manner. Can they still be denied? Like, not looking like the stuff in the handbook is not grounds for denial. Is that...
Right. So I think what you're referring to is if there is a sign type or something just is odd duck and they want to not go with the standards can they get that approved? Is that what I'm hearing?
Well, the thing is that if it's a guide book, you know, it's like a bunch of ideas but there are tons of variations
Right, so the standard would still be the standard. So a good example is about a year ago we had a winery here in town that their first sign application was denied And so the applicant then subsequently withdrew the application waited a few So what I'm saying is that we want to get away from that and dictate that. And so in terms of if you're doing something that doesn't meet the standard of the code, there is an off-ramp to go it's just going to be a little bit harder and the DRC and or Planning Commission will have to make a finding for that.
But if it does meet the objective standards in the code, but not like the style suggestions of the guidebook, it would just be at the same. Correct? Yeah that wouldn't I would be a lot of just like not meeting the style suggestions and a guidebook wouldn't be a reason for denial if you met the objective time place and manner criteria in the ordinance is kind of how Raphael's proposing it.
Okay yeah so if your letters still popped out on a suspended sign And it met the width and it met the pop out of the letters. Great, we will approve your sign.
Okay I'm just debating whether on the one hand I want applicants to be able to get their signs approved in a speedy way but on the other hand having everybody go through DRC prevents you from if somebody proposes something that is outrageous but on the other hand The rhetoric is going to depend on who's sitting on the dais at the time, right? Again it's subjective.
So yeah I'm just struggling with
that. Where I was going Claudia is that the design book, the guidebook would be primarily what the DRC uses as standards The area of subjectivity would then be minimized. And, you know, with that does it mean you couldn't have a sign that looks completely different from everybody else's or anything else or anything astray from the design guidebook? But it would most likely take more time to get that reviewed and approved.
So it doesn't mean you don't get an exception, it just means if you want to go fast and you're looking to use the standard designs, use the guidebook. If you want to step out and stand out, it might take a little more time and it'll be subject to more scrutiny.
Yeah, but what do the standards mean? Are we talking types of funds? Are we talking colors?
Standards would simply just be again time place manner. So the
standards are minimum then.
Yeah, we're not looking at your font. We're not looking at your typeface, courier 10.
But you're thinking of having suggestions for typeface and font and color schemes in the guidebook that
would be preferred?
Would be
preferred, yeah. And again, that's the whole point of the color palette. The color palette provides a starting point. It isn't the end-all end-all. It provides a business owner a starting point. Doesn't necessarily mean they have to follow it
We had a guide, style guide before. I was on the BAR what 10-12 years ago? Ten years ago I guess and we had a document but not everybody got a copy of it not everybody looked at it we had people coming into the BAR at that time not the DRC with a sign nobody said yay or nay they just came in so this is where we're gonna hang up And if it met our standards, we could say okay. But if it didn't, we had to tell them no.
We had people coming in with metal signs that were ugly. So I admire that you're going to do this but there's two or three things that I'd like to ask you. Are you putting this out to some of the people that build signs here locally?
We actually already did. Oh, you already did? Very much so. They contributed...so the MDO section of the suspended signs very much has been shaped by a couple sign folks that we work with substantially. It's just letting us know that industry practice and standards what can be built, what's a little bit
you know
etc so that yes
they will have a lot of influence on these shop owners when the shop owner comes in says I want to sign and says is there they're good to have on your sides i'm glad you hear this you said did that I like very much what you're doing personally But it's only a variation on what we did ten years ago, maybe more detail.
Maybe if I got to start somewhere.
2:43 – 2:4821 turns
Thank you.
Yeah, anything you can do to streamline this is ideal but it also like I said if it had that guideline and you call it a guideline but call it a brand book you know the brand of Solvang and it needs to you know these are the preferred methods and resources to utilize The guidelines are valuable. Is there any connection between getting a sign permit and having a business license?
No, I don't want my business license having anything to do with the sign being approved.
You couldn't hang your sign without a business
license. A business license slash certificate is simply a tax no more no less. Okay,
I'm just curious how that works. How do we handle signs the banner signs like at the mission and the one that hangs over 246?
246 is city sign so it's regulated completely separately and the mission sign currently runs unfettered and unregulated This will change that, will it not? It would very much change that. And it would change it to how? The idea is understanding that the mission has a very large sign so we'd actually run them a solid and do a sign program for them that gets approved administratively and would run with the lay of the land. And those are temporary signs correct? That's yeah again dictating time place in manner only
Yeah and what I'm afraid of, well and I don't know about the grandfather but you'd mentioned it earlier having the guidebook All the businesses I talk to, they're single defenses but they have it down the street. How come I can't have it? Without exception that's the first place they go for defense. Will these existing signs be grandfathered in? Will they be upgraded? What's the plan for that?
Existing signs that most of the signs in this community are existing. They conform, they have an approval. They would continue to conform and have approval. I mean there's very few if any signs would be rendered non-conforming. The ones that just come off the top of the head are the hotels that have the neon. Those would actually become flipped into non-conforming uses.
They can continue to exist, they most certainly if they remove the sign and want to do something bigger and better they most certainly can but again that's the alternative off ramp that allows them
We don't allow the neon, but do we allow LED signs or digital signs or messages?
No. That's the cleanup.
Right
now
our existing ordinance is out of whack with
itself. Because it specifically says hotels, I'm a hotel use. I can have a neon sign that's message-based, that's content based. If someone were to come and really challenge us today under our existing ordinance with the neon sign they would have quite an easy case
So, sorry explain that Raphael. I understand why we have vacancy and no vacancy signs it's kind of like standard in the hotel business so for us to drive down 246 and think that you don't get a neon sign that says vacant or no vacant somebody's looking for a place to stay it's what they usually look for but you said that's content based? You say they justified the neon sign because it's about vacancy? It's
content you can have to read the sign in order so right now the way our ordinance says is You can have a neon sign if it has the word vacancy. I literally have to read the word vacancy in order to determine what type of sign it is, that's content.
Okay so that's a good answer if we're asked why can we have a neon sign somewhere in Solvang? It's only for one purpose use single-purpose use
Correct, but again it's content-based so under our existing if someone wanted to someone really wanted to challenge us on their existing ordinance They they will they could and they would likely win because it's very its content base I have to read the sign to determine whether they can use a neon sign
Manor is neon or LED. Correct, right and that's what we can control those
we can control manor so that's why led neon etc again the Danish aesthetic is to not have those type of signs so therefore we're pulling back and we did have a hotel that had a sign that blew down and they asked for a neon light DRC recommended no and they didn't do one. They said they would do a hand flip. Vacancy, no vacancy.
2:48 – 2:5520 turns
Those are probably going to go the way of the DOTO anyway since everybody is booking online.
I agree. I have two requests actually. Go
ahead. The marquee in front of the VA building, is that considered signage as well?
It's a it is yes, that's all
content related.
But it's a public sign number one. It's on public property so we kind of absolved
ourselves. It's kind of like the highway sign that says city uh goes over the highway the banner yeah but I don't want to be accused of creating a monopoly where if you want to put a sign up for something that size you have to come to the city to do it um meaning What alternatives would they have, or would they paint a truck bed and park it next to the highway or something like that? Or their particular facility.
I see all this stuff happening in other cities with regards Temporary, if you will. And so they got a box truck with their logos and everything else on it parked in front. How do we have any that's obviously place and manner? But are these accounted for in this new draft?
Yes. Our current draft doesn't account for them. This one does
I'm glad you brought up that kiosk. What do we call that signage that's out there in front of Etts
Hall?
City-owned. The flip board.
It's a changeable copy sign, if
you
want to get jiggy with it.
I would just respectfully suggest we need to leave room to update that signage to something that is more digital or this invites more real-time updates to the messaging. I think that would do more for public service and even for public safety if we were able to update those, that signage that's city controlled more real time and with more information that would serve the public. I think that would be...
I hope we are open to something like that.
What's it going to look like if the city is allowed to have digital signs and nobody else can? Public safety.
What was item two on your, so I think we've kind of, do you have enough direction for the first one?
Oh yeah, we do have public comment, we do have some folks online, so i would strongly urge that uh we take public comment and then just roll back to the two questions that we have.
I yield to your best judgment there. Going up to public comment, do we have anything internally? Online, who would like to speak? Esther, go ahead.
amendment ordinance has been, as he described, a really long detailed process. And I appreciate the thoughtful and thorough effort that went into it. It's also taken a significant commitment of time from both the design review committee and the planning commission. Also, I apologize for no video this evening on my end. I'm in an area where I can't do that but I did feel compelled to weigh in It's been great hearing this discussion. You have just a tiny little taste of what goes on at each of the meetings, and the really urgent need to get this done. This has been something that's needed doing for a huge amount of time.
The staff has done a great job providing much more detailed findings for us as we make decisions and I say As I am chair of the Design Review Committee, although I'm just speaking for myself today. But I have just a couple of focused comments here. I'm going to start with Signage Review Authority. I really kind of want to understand better why the Planning Commission is the decision maker for the sign programs.
I feel like these are fundamentally design decisions involving scale, materials, placement, visual impact, kind of all of those items that are At the core of the DRC and I am concerned about limiting the role of the DRC and believe that we provide meaningful oversight. Second, time extensions for approved signs these are like minutiae here. The proposed two-year extension seems very generous. A lot can change in two years.
Ownership, business concepts, city leadership, committee composition, a shorter extension I think would provide flexibility while ensuring that approvals remain relevant in current conditions. Third, directory signs. The standards as written in are for 10-inch letters. I suggest revising this to be consistent with the permanent window lettering which has a maximum of 8 inches for the VMU, the village mixed use and then 10 inches for the other zones.
And finally art murals which are addressed here And I believe strongly that the DRC should be the review authority for the murals. I have shared the established mural standards from the city and county of Santa Barbara, and I know that staff has recommended handling all mural applications internally but I respectfully disagree with this. Not every blank wall in the BMU would benefit from a mural We all know there's a lot happening visually in our town and sometimes less is more.
And I think murals deserve a careful review and eventually policies that define limitations and time, place, manner as Rafael has taught all of us on the DRC. So in closing, I appreciate all the work that goes behind all these amendments I hope these comments are offered in the spirit of strengthening design quality and maintaining community character. The role of the DRC and all that.
Thank you.
2:56 – 3:0112 turns
I have one kind of big topic that has me really concerned and it is the ability, this was on one of your slides Raphael. It's hard for me to remember which one it is without looking at them again but there's some language in here that lets us substitute content on an approved sign from commercial to non-commercial content I think is how it was worded. The reason I'm concerned with that is, I feel that that opens us up to approving something and finding ourselves surprised later of what the sign actually says.
It's almost like a bait-and-switch and I wonder if there's a way we can tighten that exposure The limited governance that we do have over content. Or maybe you can just explain what it means, that substitution is possible?
So that provision is in there as a reaction to case law. Basically, under First Amendment jurisprudence there's a standard for content-based noncommercial speech which you know think personal expression political views anything that's not related to a transaction or business. And again, this gets really factual in the cases but just kind of broad brush. And then there's a separate standard that the courts look at for when they're looking at commercial speech and they're both you know, you have to have a government interest has been narrowly tailored but the intensity importance of the government interest has to be a lot stronger and things have to be much more narrowly tailored for content-based Non-commercial speech and so because there's those different standards what the court has found courts have found is that you can't have regulations that allow commercial speech to be, you know in this time place and manner but then prohibit The non-commercial speech under those same standards because the Supreme Court has found that that in and of itself, the distinction between the commercial and non-commercial is a content based distinction that has to meet that really strict scrutiny.
And so what that means is that Cities were getting crosswise by having a whole regulation. Here's how we regulate commercial speech, and then you can get a permit for your business with your business information on there but you can't get that same permit if it's not about a business. The courts have said no, no you can't do that. If you're going to give the permit for a commercial speech you have to give that same sign for non-commercial speech and so what the cities have done in their drafting it's pretty typical language to try to account for that is to say okay here's how we're regulating speech we have our whole ordinance and then as kind of like a a saving clause for the ordinance. They add language like what you're talking about where you can, if you have a permit for your business, you can change out the copy because we're not regulating the content.
So that's kind of the history where that comes from and the strategy behind it.
Does the case really say substitution?
Yes.
Reversed Town &
Gilbert. That's the problem is you can't...
But how do you avoid a bait-and-switch?
We are not regulating content from the beginning. I understand your frustration.
I will give one example of substitution that I've had in the 15 years of municipal planning I've done. It was in another jurisdiction, the business owner had a changeable can sign out in front of his business he was running for council. He swapped out his business name and put in his name for City Council. It came down after the election That is a substitution to the T.
So he chose to no longer advertise his business, and instead advertise his campaign for
council.
But that is the quintessential substitution at play is that exact scenario
I understand, I suppose there's one thing to invite substitution and then another to be silent about it. We're not regulating content but we're not inviting Misrepresentation.
3:01 – 3:0841 turns
You know have cases where it's it's an annoyance, but
well no we're not saying But I think you're sitting at your example totally buy into because it's commercial to commercial Not commercial to non-commercial which is what their language says right now in the ordinance
It's hard because how do you allow for one but prohibit the other yeah, I agree. Oh
Yeah, we can't. We can't prohibit one or the other. We have to just allow a certain size sign in a certain place and the assumption is if it's in the business district in front of a business they're going to be wanting to advertise their business
but... No heartburn there at all! At all.
As far as whether to put that substitution language in the ordinance The rationale is that having that in there is, it's actually more protective for the city because if a court came to interpret the ordinance. If they let's say their go down and read the standards and the way that the court thinks that okay this standard is written oh down in the you know section 14 or whatever.
That wording seems like we're favoring commercial speech over non-commercial speech then we have this provision at the top that says nope when you're interpreting this ordinance Interpret it in a way that doesn't favor commercial over
non-commercial. Fair, but if we have the ordinance written specifically for our commercial zone, the VMU does that give us a new layer of governance?
Again, not...
Because it's
a commercial class of
sign.
Talking non-commercial speech So if I'm a business owner in the VMU and I want to cover my donut shop sign to say support the troops I should have equal right to do that
We can't tell them not to do we can't say you can only do commercial speech in the commercial zone
And not show you're trying to support the troops Another
question If the area was governed by a BID would it be any different?
No, this is the federal constitution. So
they'd have the same concerns and issues?
Yeah.
All right.
Okay how about this it just occurred to me for just at one point I'm just gonna say because I before having this conversation I was ready to go you know all signs as long as they conform to objective standards they should be approved of um you know at the staff level how about everything still has to go to the DRC Unless the relevant staff finds that whatever is proposing looks so much like the one, like the items are in the guidebook that it's you know it can't just be approved over the counter.
Can't we do that?
Then I would suggest we leave it as sort of what we drafted right now. And that is a discussion we had very vehemently with the DRC, is basically say hey look you know suspended signs are the ones that people see the most but here in our town not wall signs not these large they're the ones that are hanging let city staff approve those without going to DRC.
Be careful that assumes a design guide is in place, we don't have that yet.
Well
again... So that's fine as long as
what
we just assumed is also actioned.
And this assumes the ordinance passes and everything is wrapped up together so in the draft ordinance if approved and passed in 30 days goes by then suspended signs would be flipped to city staff can approve
But what if you have a location that does not lend itself to that kind of thing?
Then you're going to go to DRC and get your permanent wall signs approved and everything else under the sun.
So no, you'd only have now a shitty location. You also have a shitty location that has a harder time getting a sign approved. I don't think that's helpful.
That's why location, location, location. It's one of those things.
Can I just clarify what maybe, if I make sure I understand what you're suggesting because it sounds like you were saying if the sign meets the time place and manner requirements of the code and also is consistent with the preferred style that then it would be staff overview. Yes yes but if it's meeting the standards and is kind of a you know avant-garde different style that that would go to the DRC. Right. Is that a distinction that's workable?
I mean at this and again as a reminder that the director has the discretion to put everything back to the DRC, you know.
And that's okay like somebody's gotta decide and i realize that different people might have might make different decisions on what goes to the DRC and what doesn't but i'm just throwing this idea for the sake of speeding it up if it looks like the design guide look then he doesn't have to go to the DRc obviously If it doesn't, then it has
to. City staff can work
with
Chelsea and figure it out.
I'm just trying to figure out a way to make things speedy but at the same time the DRC still has jurisdiction over... you know they still have the power to have input on the aesthetics.
Are there other thoughts on what level of review? Because we want to get the direction from the majority too.
I feel strongly about keeping DRC in the equation. Maybe we put some of the things on consent because they've complied with design, the design guidebook so it's faster.
So it sounds like you get a consensus that DRC shall remain proving all signs? Because again when I first started this work here Very similar to you, Mr. Ronald, I was like whoa! But since we have city staff has really turned the ship in terms of what we give to the DRC is a completed application meaning we've reviewed it, we vetted it against the code and it meets the intent of the code and if it doesn't meet the intent of the code it no longer goes on consent it becomes a discussion item but if it meets and check marks everything it goes on consent and nine times out of ten It won't get pulled and just gets quickly passed.
3:08 – 3:1649 turns
Today I agree with everything you just said, if we imagine that different people were in the seats would we feel the same? And that's the purpose of an ordinance and the governance.
That's the exact...
So I'm leaning towards let's put it in writing, let's put the guide structure in place so it can do the job when all of us are gone
Is there a performance time required? So if they make an application for a sign.
30 days, that's weird you so it's not made up it's it's a formal planning application we're utilizing state law 30 day turnaround and that was the issue I can stand on my high horse and say look The previous city staff was directed by the previous city manager and the previous city council to produce those as quickly as possible, turn around. And that is a fatal flaw. That does not give city staff the ample amount of time it takes to properly review an application and work with the applicant to make changes because they didn't read our sign ordinance and say hey if you get your letter height down from nine inches to seven you're golden. Okay I can do that.
That's the difference between a very quickly approved sign-in and going back and forth with DRC over and over again, which we previously saw. So right now it's drafted in your packets as a hybrid. Suspended signs have been pulled out and allowed to be approved at a staff level. If you're doing the wall sign or other permanent signs, it needs to go to DRC. It sounds like some members of the council want it to just remain as it's written currently today which is everything goes to the DRC.
I think though, but I'm with you Raphael. I really am. I think that if we have that covered, I feel like I'm hammering a nail the design book even your hanging to your suspended signs would be would have the effect the outcome would be the same they would go through us more streamlined approval process and they could end up just looking like they go through consent DRC
So my suggestion is to do baby steps. Let's keep it as a drafted, let's run it as a test pilot for a year and see how it runs and report back out after the adoption and after a year because that's the intention is to report back out to you all and say what works? What doesn't work if it doesn't work? Let's change it. If this works in this you're seeing the results that you want then let's make it a permanent change
Well, let's do it quarterly with photos of what's been approved.
How will we measure that? Can you bring us some stats on how fast these sign approvals get approved?
I can bring you stats now! No
no, we want a change. Yeah, bring it to now and then tell us what's improved.
I can tell you three years ago those things took about 154 days and they're down to only 18 so...
And then on the second item with regards to permanent, what was the other
one? Max signage. So again,
max square footage
so we can leave it written as is which is a 20 square feet there are a couple exceptions or we can go to the sort of industry de facto standard which is linear feed.
What came out of the workshop that DRC and PC recommended?
It was kind of a mixture of both, hence why we're back here. As mentioned by Esther the DRC has been tremendous in taking these chunks but this is the one where Planning Commission really stopped and said hmm that's very restrictive so again linear measuring by linear feet is the standard if you got you know 20 feet of linear frontage then you got 20 square feet of signage to play with
What did the Planning Commission feel that was restricted?
Having an arbitrary limit, which is right. So currently our code right now says 12th period.
Twelve period.
Twelve period but it exempts out a ton of signs.
Yeah.
So it exempts out suspended signs, exempts out window signs so the next thing you know you're actually well over twelve. You're about 25-30. This as proposed is 20 straight up. You pick and choose what you want but you can't go over 20.
So it's still good, it's not proportional.
Does that include awnings? Yes.
So it's 20 total you
have
20
and
20 to play with whatever you want
yeah and by awnings we're just looking at whatever letter logo size wise so those those can actually be pretty small sometimes. So what the planning commission is stating is rather than having the arbitrary 20 let it float with the building so again if A case in point, you have a corner lot. You are paying the max rent because you have the corner property two entrances and all.
You should be able to count the two entries to your overall signage which then again leads to a much more proportional wise signage plan for your property
Yeah but you're talking, if it's a two-story you got two signs of the same size. Stories don't matter we're talking linear feet. But it would be the same linear feet on the top floor as it is at the bottom floor.
So you're still stuck with the linear feet of that again second story doesn't matter it's just a linear feet?
I understand that. I'm talking two signs on the same building
and then that's again that's what you get to play with. 60 feet. Right. And again that's where, and I know Esther mentioned you know the sign program and how that goes to PC there's a good reason why. And we're actually running into this now is that there is no sign program is meant for multi-tenant buildings so that they can actually do a unified sign program so it shows that the signs kind of look the same whether it's one tenant or another however uh the DRC does not pass resolutions nor do they pass conditions of approval But they do recommend these to the Planning Commission, which then passes resolutions and conditions of approval, which run with the lay of the land. So you do want the Planning Commission to approve those with a DRC recommendation, which is why it's written as such.
I'm with you on that one. Does that assume a CUP is in place?
No, it's a sign plant. It'll act like a CUP but it's not called a Conditional Use Permit so it just runs with the lay of the land and we actually have quite a few sign programs in our community that's the way we used to do it back in the 80s and 70s. Nielsen Center is a great sign program. It's only two pages long but it does its thing. So we're bringing it back
So, but you said something that I didn't see in the language. You said even the signed programs would go through both DRC and PC?
Yes it'd be DRC as the recommending body.
In the table there's a table in here that just said piece.
It says approval yeah.
The table says something different I
think. 11.15 the third row sign program there's a recommendation column decision and appeal so it goes to design review for recommendation then planning commission for decision
Okay so recommend, so it does go through the two steps? Yes. Okay good thank
you. Does the blade sign and the frontage sign that's all included in the total square footage?
In our current ordinance no. In our new ordinance yes because again we're trying to give property owner business owners really the maximum flexibility to determine what type of sign they best fits their business or signs
Let's say signs, do I now have to get a permit for both the blade and or can get one approved by the staff and one has to go to the DRC?
Not the way it's written. So again if you're just getting a straight suspended blade sign and there's a time period you have to wait then we'll approve it via city staff level. If you're doing suspended side with the wall sign it goes to DRC
3:16 – 3:2120 turns
Okay, so it does have to go...
If you're doing the both but if you're just doing the suspended sign then
no. I'm just trying to streamline it for, you know, the fewer barriers to entry that more businesses will have. So just trying to make it clear
I'll throw something out there. If we're still trying to decide on the proportionality or the signage for the size of the building, I would lean towards if you have a bigger building you should get more signage space especially if you're in a corner lot.
I
think that is crucial for those business owners and so it would lean towards that set of metrics.
It sounds like we have a consensus on that one so we'll make that change
I love this, you can always apply for an exception if something looks...
Yes 100% and now with findings. So again having to make those findings and there are case in point give a preview of our DRC meeting on Thursday we have a sign exception going on and there are two findings but we do make the finding because what the applicant is proposing is actually a way better sign So it just so happens to be a little bit taller, but you know we've and that's the thing about taking the 30 days and having the application is it gives us the time to make that analysis and give our decision makers all of you that are up here. The proper information to make it
One last thing that Esther brought up was the governance over murals and I do feel like that belongs in DRC's wheelhouse. It is aesthetic... Do I use the word content? Cultural, it feels like that's a fit for them
So I will take the council direction on this, but I will somewhat be wounded on this hill. I strongly urge that murals go through city staff for content-based and content-based only. I've seen way too many councils, you're not the only one, commissions and boards get hung up on the content of a mural and it brings out the worst in humanity to argue over what the message is of a mural versus being very streamlined and straightforward. Does it meet the metrics?
Time, place, manner does it meet in terms of how big it can be if so go.
The definition of a mural is that public art or is that a sign Well that's a great example.
You've hit the nail on the head of what a mural is. A mural can sometimes be both, but in our instance a mural does not have a commercial message so a great example of a quasi-mural was the ones that were on Rassman's building that got taken down. That kind of was a mural and kinda wasn't. That's actually a good example. But again, looking at a time-place manner. If the council wants it to go to DRC then so be it but we would have to work with Chelsea's staff to make sure those guardrails are in and again these do bring up... Are you saying
that Mural Falls is classified as a sign? Does it even belong in this ordinance at all maybe we distance it from here
So right now we don't have it anywhere in any of our ordinances. It's not touched, there's no policy, there's no nothing this actually starts to have something and we can most certainly take it out I'll defer to Chelsea here.
Yeah I mean depend you could put it in a public art ordinance but the same like speech rules are gonna apply no matter which Well, some people consider graffiti art these days but I don't think that's what we want in Solvang. So
I'm looking for a place where we can, you know, govern it appropriately.
But graffiti's unpermitted so...
Yeah point being we can certainly take it out and put it in more of like an art ordinance that would be a different effort but I just want to preview that the same- It's not like we're gonna avoid the First Amendment by doing that right?
And again, by having it in it right now even at its form that it's written. It still the director has a deference to take it to the DRC if something is completely controversial or is of aura of controversy and I would hope the director would choose that versus trying to approve it but again I've had I have PTSD from way too many murals, and I can count them on my hand of this debate and sitting here for hours on end talking about the message. And should we do it? Should we not do it? They're gnarly man.
3:22 – 3:2729 turns
I'm fine because that would be defined, it would still go through DRC if it was a muralist because well above the size for signs.
And again we can put it to a DRC level review and we would just build the guardrails.
Yeah yeah good with that
So I guess the direction i'm hearing is for the max signage to measure by linear feet and then for approval authority, the direction I heard was murals should be with DRC and to keep it with signs going to the DRC not having the hybrid approach proposed or did I get
The draft right now does not go through DRC.
Thank you for that clarification.
No, so the aim is to get this in your hands by March. So we'll definitely try to hit that.
Is this something that also should be on our planning workshop? We're pretty much gone through all of this. We don't need to add this
back. You mean talking about February 7th?
Yeah,
it's not part of the discussion now.
Now we're meeting your existing goals with this discussion so... Perfect!
Okay, we'll move on to item 8B. Thank you staff. Would you like to read that in the report for us please?
Review and accept the Annual Comprehensive Financial Report Act for fiscal year ending June 30, 2025.
Thank you. Staff report.
All right, good evening Mr. Mayor, members of the council and members of the public. Tonight we will hear a presentation by Mitesh Badawi from Badawian Associates and he completed our fiscal year 24-25 audit And the city is in great financial position. At the end of the fiscal year, General Fund had an unrestricted balance of $21,731,000. The Water Fund had a fund balance of $9,939,000 and Wastewater had 2,500,000.
And to keep it short and sweet I will turn it over to Mitesh.
Let me ask you one thing though. Yes? Our objective tonight do you need a motion of any kind?
Yes we need a motion to approve the Act for Fiscal Year 2425. Okay
thank you
so what's that Yeah, well I move to accept the report fiscal year 24-25. I move to accept the fiscal year 24- 25 annual comprehensive financial report as presented by Mitash Badawi from Badawi and Associates.
Thank you. Go ahead.
Good evening Mayor, members of Council
Oh, okay.
So let me make sure you can see my screen? Thank you we can.
Yes.
Okay perfect well just a clarification my name is Mitesh Desai Ahmed Badawi is my partner or boss but thank you for allowing us to present the presentation for the 2025 audit of the city's financial statements I'll just Very briefly, I'll be going over the deliverables and the scope of the audit. The areas of primary audit risk. Our auditor's report.
We have a technical issue we're not getting your report or your presentation isn't on our screen.
Oh.
Let me try to reshare it.
3:27 – 3:4228 turns
I'm told you need to stop sharing and you'll share our screen on your end.
Okay, I think I've stopped sharing.
It's closed. So plug it back in? That's because it's in the email.
That's where I have it.
Yeah yeah.
I haven't plugged it back in yet because I'm waiting for it to open.
Hold on.
What's funny is this new agenda thing I've already got the whole thing pulled up on the screen.
Yeah
it just opened
Okay, can you click on the PowerPoint? Is there anything
there?
Okay, should I try the other? Yeah, I have them not sharing. Whose screen
is
that? I don't know
whose screen it is.
Now
I have the email and the PowerPoint.
Oh
so then I have to go to settings?
How
about
if he talks and we'll just walk through it here.
It worked when we came in Before the meeting. While we're waiting, I forgot to say that I want to say a special thanks to the finance team for doing the audit and especially Jason who's in the audience in the back for doing everything for the audit. So with that...
Mattesh do you have the presentation on your screen?
Yes, Mayor I can walk through slide by slide if that works for everybody.
Let's let him do that because we had the presentation in the packet. We're having difficulty pulling it up here so why don't you put your screen up share your screen Mitesh please?
Sure one second All right um so i'm sharing the presentation and If you go to slide, sorry one second here. If you go to slide three this is my agenda for the presentation I'll be going over the deliverables and the scope of the audit, the areas of primary audit risk, the auditor's report required communications that I need to make to the governing body And also just briefly discuss some new accounting pronouncements that will be implemented in the coming years.
Moving on to slide number five, so deliverables and scope of the audit. So we've issued an independent auditor's report on the city's basic financial statements. We also issue a report Referred to as a Yellow Book Report, which is an independent auditor's report on internal control over financial reporting and compliance in other matters. This year we performed a single audit.
And also we look at the city's appropriations limit and perform agreed upon procedures on that limit. We will also be issuing a letter with those Charter Covenants, which are essentially just The required communications in a letter form. In addition, we assist the city with preparing the street report and then also we assist the city with preparing the annual financial transaction reports for the city and the public financing authority.
Moving on to slide number seven. This is a slide just listing our significant risks that we identified And we addressed as part of our audit. As part of the audit, we do a risk assessment which essentially identifies risks and the two risks listed here are really risks that were required as part of the auditing standards to identify significant risks So they're not necessarily anything that we identified specific to the city and had to address. These are standard risks that are in all audits. The first is the risk of management override of internal controls. This is the risk that management may not follow their own internal controls, such as approvals, reviews, reconciliations.
We do a number of auditing procedures to address those risks which would include for example examination Journal entries are looking at estimates. There were any unusual transactions, we would take a close look at those. The second significant risk is the risk of improper revenue recognition which is the risk that the revenues may be materially misstated. Again this is a default risk and we do a number of confirmations and also a lot of analytical procedures over these revenues.
Moving on to the auditor's report, and then on slide number nine. Essentially we follow a number of rules when we're performing our audit that really dictate how we perform our audit, how do we sample, how do we report the results of the audit? So it's not necessarily all subjective and up to us as to what we look at or what we don't look at. We follow generally accepted auditing standards which are rules set by the AICPA We also perform the audit in accordance with governmental auditing standards, which are supplemental requirements when we're doing a governmental audit.
And then this year for your federal awards, we did an audit in accordance with the uniform guidance, which are the federal guidelines on auditing those federal awards. We've issued unmodified opinion this year on your reports and unmodified opinion is referred to as a clean opinion What that means is that your financial statements are presented fairly in all material respects.
There are significant accounting policies have been consistently applied, estimates are reasonable and the disclosures that accompany those financial statements we believe are complete and accurate. Just moving on to required communications here. This slide on slide number 11 clarifies our responsibilities as the auditors and also managements responsibilities, especially when the document we assist management in compiling the financial statements and the final document comes out of our office.
It's often misunderstood that this is the whole document is the audit report. The financial statements, the note disclosures that require supplementary information and all of it is really management's documents Our document as the auditors is just our opinions, which are the first few pages of the report or the first pages before the management discussion analysis.
And that's our opinion on whether we believe the financial statements are fairly stated in accordance with the accounting standards. That requires us to evaluate internal controls over financial reporting, looking at any compliance matters that have a material impact on the financial statements and also to communicate the results of the audit. Management are responsible for the financial statements, so we do provide them with the draft of the financial statements, the account roll-ups any adjustments that were made to the financial statements and they take ownership of that.
With that they also are responsible for establishing internal controls or financial reporting Establishing internal controls or preventing or detecting fraud. If there were instances of fraud, they would notify us about it and also to comply with the laws and regulations. If we did have audit findings which we didn't have any but if we did have audit findings it would be management's responsibility to address those findings and not ours.
Our responsibility as the auditors is also to maintain independence. So we follow a set of rules set by the AICPA and the State Board of Accountancy that really dictate what we are permitted and what we're not permitted to be doing, that would impair our independence. For example, we cannot act as management, we cannot make adjustments to the accounting records without management's approval, You know, be any kind of investments with the city.
We can't be employed at the city for these would be items that impair our independence. We had no issues with the timing of the audit as far as new accounting standards that were implemented we had a change for compensated absences that really had no material impact on financial statements And then there was a new disclosure requirement this year that was also not applicable to the city.
As far as estimates that are in the financial statements, just to be aware that there is some numbers that are estimates which are your capital assets figures and then also any liabilities or balances relating to your pension and other post-employment A benefit plan, which is your retiree health care plan. Those are very subjectively based on actuarial assumptions. So just to be aware that there is some estimation in those figures.
No difficulties in performing the audit. Any adjustments that we proposed were recorded. No material adjustments were made and then also we did not identify any internal control or deficiencies that we would believe are material weaknesses. And in terms of new accounting standards to be implemented in this coming year would be GASB statement number 103, which essentially has some modifications to the financial statements and also where Certain information is presented and changes what can be presented, what cannot be presented. So there will be your report will look a bit different next year.
Also Gatsby statement number 104 requires some additional disclosure for certain types of capital assets which I don't believe will be applicable to the city but will be evaluated. And then also in 2027 there will be new accounting pronouncement that adjusts Some of the requirements for subsequent events, what would be disclosed, when should it be disclosed.
But that's all the way in 2027 and that concludes my presentation but if there are any questions I'd be happy to answer them.
3:42 – 3:4715 turns
Thank you any questions? I had a question. How do we fare from last year's audit? What significant differences, if any, did you find?
Year-to-year. Generally the audit has been smooth and there have not been a lot of issues. I would say this year we did have an audit of the federal awards program so that was one thing that was different from previous years that the city did receive some additional federal funds from FEMA that triggered a single audit that we had to account for. But otherwise, there wasn't anything significantly different.
Do you find us as a city employing best practices in your findings? Yes. Is there any thing that we could do better that we're not
Anything that we identify as potentially things that could be improved, we would bring to management's attention. However, just to clarify it's not our primary objective of the audit but anytime we're evaluating financial other internal controls or financial reporting and There are things that we found in other agencies that seem to work better. We do bring them up to management's attention.
Are there savings in cutting out redundancies? Are there savings in different processes and how we might improve if those exist?
Yes, anytime we do identify anything that we would bring it up to management's attention. It is not a primary objective of our audit which would essentially require us to do a different type a different type of approach and procedures if our primary objective was to do some kind of assessment. So I just wanted to clarify or give that caveat, it's not necessarily the primary objective of our audit to do that comparison.
Understood. I just was wondering if anything stood out that you recognized? Any other questions? This is because there's going to be a vote. There's public comments, so I'll open it up to public comment if there are any. Anybody inside or on Zoom that wishes to make a comment? Very well. I will now close it to public comment and bring it back to the council for action
I'll make a motion, but before I do, I just want to compliment Randy and the staff at large. I know we got the benefit of some tax changes, but the financial position is just phenomenal. Double-digit changes year over year is extremely noticeable because we're in a financial position. I honestly didn't really imagine it when we came into this seat three years ago.
Really, really impressive. But now we have to find things to do. Turn that into some services and capital projects. So that'll be fun. We have more work to do ahead of us so that's really good news. I thank the audit team for the help validating all of that. I move to accept the fiscal year 2425 annual comprehensive financial report, the ACFR as presented by our team and staff.
Thank you for a second. I'll second that. It's been properly moved and seconded to approve the 2425 reviewed audit, and roll call please.
Roll-call vote Passed 4–0 moved and seconded to approve the 2425 reviewed audit, and roll call
Show transcript
Motion passes 5-0
And again, congratulations and thank you for all your hard work to our staff and our consultant staff. Very much appreciated. We'll have this discussion again next year I'm sure.
Every
year. Thank you. Thank
You Mitesh for waiting and doing all your hard work on the audit
Okay, any closing comments by the council? We're at the end of our agenda. The new one not the old one okay if there's no closing I want to look forward to seeing people at the February 14th February 7th workshop and Adjourned at 912.