BodyCity Council
MeetingRegular Meeting
Date📅 May 26, 2026

UnGovr Transcript

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0:07 – 0:428 turns

UnidentifiedMayorProposed · by role7:15

Good evening and welcome to the closed session of City Council of Solvang. Closed session for May 26, 2026. Roll call please. 630 We're at 5.30, starting our meeting.

UnidentifiedUnidentified speaker 1Proposed7:44

Thank

UnidentifiedMayorProposed · by role7:44

you.

Roll call — called by Unidentified speaker 2
Show transcript
Councilmember Infante? Here. Council Member Claudia Rona? Here. Mayor Pro Tem Smith? Here. Council Member Elizabeth Rona here. Mayor Brown? Here
Pledge of Allegianceceremonial · click to expand
UnidentifiedMayorProposed · by role7:56

Ms. Chelsea would you lead us in the Pledge of Allegiance please

Thank

UnidentifiedUnidentified speaker 2Proposed8:06

you. Okay,

UnidentifiedMayorProposed · by role8:06

would you We have public communications for the closed session item reference or conference with legal counsel for anticipated litigation. Is there any one here or on Zoom that would like to speak up? Okay, I will close then to close the public communications to a closed session and Madam Clerk would you read that into record please?

UnidentifiedUnidentified speaker 1Proposed8:53

Thank you. Conference with legal counsel anticipated litigation, initiation of litigation pursuant to government code section 54956.9 D4 one potential case.

UnidentifiedMayorProposed · by role9:04

Thank you we are now adjourned for closed session We're back from our closed session. Madam Attorney, any reportable action?

0:42 – 1:113 turns

UnidentifiedUnidentified speaker 3Proposed42:58

Thank you Mayor yes there was direction given to initiate legal action and the defendants and other particulars of that action once formally commenced will be disclosed to any person upon request

UnidentifiedMayorProposed · by role43:12

thank you We are adjourned from closed session at 6.06 and we'll get back at 6.30. Let's begin the open session. Thank you. Good evening everyone. I'm going to call the meeting to order for the Solvang City Council at 630. A little housekeeping, please turn off your phones or silence them and I'll ask our illustrious clerk to take roll call

Roll call — called by Unidentified speaker 2
Show transcript
Council Member Infante. Here. Council Member Claudia Arana. Here. Mayor Pro Tem Smith. Here. Council Member Elizabeth Arana. Here, Mayor Brown. Here

I've asked Jose to lead us in the Pledge of Allegiance Thank you very much, Jose. Appreciate it. That's a good lead off to our Memorial Day proclamation. We'll start off with that. It was a great honor for me to read and present the proclamation yesterday at the memorial services for the veterans that they put on yesterday at noon. And I'll read that so it's in the record.

Whereas on Memorial Day, we honor the heroic men and women who gave their lives while defending our nation and cherished freedoms. These heroes were fathers, mothers, sisters, brothers, loved ones, and friends who made the ultimate sacrifice in service to something bigger than themselves. And whereas this solemn tradition of remembrance began as decoration day in the wake of the Civil War The observance was later broadened to recognize all Americans who have perished in our nation's wars, and Congress formally established Memorial Day as a National Day of Remembrance in 1971. And whereas these brave souls and their loved ones forever remain in our hearts and minds, we pay tribute to them with our endearing gratitude and respect And we are committed to honoring and caring for the veterans who are still with us.

There are brothers and sisters in arms, and whereas in honor of our fallen heroes flags will be flown at half staff on all municipal buildings and grounds throughout the city of Solvang on Memorial Day. Now therefore be it resolved that I Mayor David Brown along with the City Council of the city of Solvang California do hereby recognize Solvange residents as May 25-26 As Memorial Day and so doing encourage all solving residents to take a moment of silence, recognizing the servicemen and women who put their country before all else.

In witness thereof I have set my hand and have caused the official seal of the City of Solvang, California to be affixed this 26th day of May 2026. And I presented that to the commander of the VFW yesterday with a great deal of gratitude from them and we had council members Mark Afonte and Claudia Rona there as well and appreciate them Next is a presentation regarding our wastewater treatment plant, item number two.

1:11 – 1:168 turns

CommentCity Manager'sProposed · by introduction1:11:05

The consultant is having trouble logging on so if we could

move on to the next couple of things and then we'll try and get him connected.

UnidentifiedMayorProposed · by role1:11:14

Okay technical difficulties mean we're going to

move on to item number three public communications for non-agenda and consent items Do I have any? These are them. Okay, William Dentel. Hi, regarding Alice Hall Commons and after that is Denise Alameen. Thank you William.

UnidentifiedUnidentified speaker 4Proposed1:11:45

Yeah a couple inches higher there. Yeah, hello. Yes I'm here to talk about the Alisaw Commons Glenway project proposed four three-story apartment units one two-story apartment unit for low income 88 apartments 138 car parking spaces. I realize a decision was finalized on March 25th, 2024. I was here for that. I just wanted to show you one of my souvenirs was the sign that was on the lots that notified the neighborhood of this March 25th meeting.

And the green color I thought was sort of interesting, but that was all we saw. Anyway, I and other neighbors that I've spoken to were not against housing solutions I mean, I have three kids. One of them's a house sitter, one has a condo, one has a house that needs a lot of work. These buildings with their parking lots in our opinion are oversized for our neighborhood and inappropriate for an area that's basically all single family homes And I would say there's too much hardscape. I was looking at the drawing today and thinking, wow, there's all these buildings and then there's all this asphalt with the lines on it for the cars.

Basically, there's almost no land left. There's traffic issues, general traffic issues in the neighborhood but then if there's a fire or something like that, this whole complex is right where the bridge comes across from all the people up on the other side in the hills there and our neighborhood, all piling up. Who knows? Maybe they're going the other direction but it is right there at the knot of the whole road system.

Then there's the traffic congestion which already exists when you're going up the hill, up to Oak Street and then up to Mission et cetera and it's already pretty bad There's nothing smooth about it, but I mean we understand that Solvang and there's pedestrians and there's cars and stuff like that. But another concern for me, and I do a lot of walking down in the basin there. And I've noticed over the years there's less insects, less frogs, less birds. Okay that's sort of sign of the times but it is a fragile environment and this whole you know 88 apartments are going to be right near that, and it's just going to push more people. Of course it's good to do.

I'll try to move on here. You've exhausted your time, I'm sorry. Can I have a few more minutes? Or a minute? I'll go

UnidentifiedMayorProposed · by role1:15:09

quickly. One more minute please, not more.

UnidentifiedUnidentified speaker 4Proposed1:15:12

There's no stores for basic shopping nearby these apartments. There's no public transportation nearby these apartments, and they cannot And they should not be used for short-term rentals either, which is a very disruptive thing. It would be better to have fewer smaller lower profile buildings and possibly the whole project near public transportation and public shopping.

And I don't think it's too late to correct this error, and I would like you to please keep the Fjord and Juniper Street neighborhood which is who we are more or less informed in the process. That's it. Thank you very much. Okay, thank you very much.

UnidentifiedMayorProposed · by role1:16:01

Ms. Alameen?

1:16 – 1:214 turns

CommentDenise AlameenProposedself-stated1:16:06

Hello my name is Denise Alameen. I'm here to talk about The water bills. I sent a complaint through the system because I'm being told that I should be going online and making my complaints online, so I tried. I went online and I looked all over trying to find just a basic complaint form, and they all said code or something different. So I used one of the codes and made a complaint about my December 25th water bill.

December 25 fell on a Thursday last year 2025 And for some reason the city of Solvang chose to give the employees and take the next day off. It was not a federal holiday, it was one that you guys decided to do. When I came in to pay my bill on the next business day which would have been the 29th as a Monday, I was told by Wendy that I was charged a late fee because I didn't make my payment on the 25th And I explained to her, I couldn't make it on the 25th nor the 26th and the next business day was Monday the 29th when I did make my full payment. I just want to read to you and I don't know why Randy answered he told me don't ask him any more questions but for some reason Randy answered my complaint and he says, thank you for your comments. I'm sorry that you were dissatisfied with our utility payment process in the month of December.

I have spoken with our Utility Billing Department and they provided me with a background regarding your account. I was told that you made 13 payments to your account that month, not including the final one on the 29th. The vast majority in the amount of only a few dollars. I also learned that when the due date falls on a weekend or a holiday our standard practice is to extend it to the next business day so your concern about Memorial Day holidays are unfounded. I further learned that we have eight payment options, and he noted them.

My question on the computer system only asks why was I charged a late payment charge in December 25th? I have no idea why this paid employee had to go into other things. He just needed to answer my question before... I'd like a minute, if you don't mind. We just received... In our water bill, April is dated April 2026. And this explains that the payments are due on the 25th and if it falls on a weekend or holiday, the late payments will not be applied until the next business day.

But the 25th of December 2025, the late payments were applied on that Friday and it was not a business and you guys weren't at work. So that was my question and it was not answered. And I would appreciate since I have to come to meetings to have my questions answered that one of you guys could take this issue and answer for me. Thank you.

UnidentifiedMayorProposed · by role1:20:03

Is there anyone else in the audience or online that has a question or wants to make a comment? Okay, he's on. So we will close the public communications item three and revert back to item two for our presentation. Staff report please.

PresenterJose AcostaCity of SolvangProposedself-stated1:20:31

Good evening Mayor, Councilmembers, members of the public. I'm Jose Acosta, the Utility Director here with the City of Solvang. This evening's staff and NHA financial consultants will be giving the council a presentation on some of the financial considerations for the Wastewater Treatment Plant Upgrades Project. They will be presenting several financing options including private bank placement loans, publicly issued revenue bonds and the potential USDA loan.

Staff is nearing the application process for the USDA loan it was a rather lengthy process and required quite a few studies and investment on staff time and some funding as well so that'll be discussed as well this evening. Staff is not Making any recommendations this evening or asking that we make a final decision on any of the financial financing options.

We wanted to present these to give Council some opportunities to think about the potential financing options and staff will be returning at a later date with these options and seeking further clarification and direction from Council on which they feel is the best option for financing the treatment plant. At this time, I'm going to turn it over to Mr. Eric Scriven who's online from NHA Advisors and he'll walk us through the presentation and at the end, he, I or Randy can answer any questions council may have.

UnidentifiedMayorProposed · by role1:21:58

Thank you.

1:22 – 1:395 turns

UnidentifiedCity ClerkProposed · by role1:22:02

Good evening. Am I coming through okay?

CommentCity Manager'sProposed · by introduction1:22:06

Yes.

UnidentifiedCity ClerkProposed · by role1:22:07

Great. Good evening Mayor and members of the City Council. I've got about 14 pages of content here that It goes through the background and some of the definitions, and also some of the options. To highlight the key criteria from which City Council may want to think about the funding of this treatment plant project later on when those decisions really come to a head. But right now, we just do the background several approaches some definitions and And please ask questions if you care to throughout the presentation as well.

So, as we all know, the city is compelled to address its wastewater treatment plant. There's some deficiencies with respect to treatment and so that the project has been ongoing for a number of years. The current It's currently under design, I understand at 50% design. The analysis that we were using for this presentation has a project cost of $18.5 million. That may change as design is finalized. I understand you're going to get to 90% design later this year.

The city has been in discussions with USDA since 2022 to secure a very low-cost loan And they have longer terms that are also helpful. I put here grant was unavailable, but it is my understanding that there is a $1 million grant that is part of the package so that will be shown in one of the options that's related to the USDA. The 2022 cost-of-service study assumed a $19 million loan using a 4.5% rate and a $ 1.5 million annual payment And that was the reason why the council approved those rates in 2022. I believe you have July 1 of 2026 increase, correct me if I'm wrong Jose, I think you have one more increase July 1 of 2027 if I'm not mistaken?

PresenterJose AcostaCity of SolvangProposedself-stated1:24:37

No, the last one is January, July 1, 2026. So it's 22 through

UnidentifiedCity ClerkProposed · by role1:24:40

26 okay very good. The upcoming cost of service will confirm whether this previous increases will be sufficient to support the future loan payments. Also, part of that analysis is to maintain proper reserve levels. Hopefully you can do your other capital needs beyond this treatment plant project through a PAYGO program. And also, as well know operational costs are increasing so that rate study will look at all of those things to develop the rates.

The core objective of any funding plan with respect to the treatment plant is threefold and certainly more actually but we want to create a funding plan that secures the most efficient lowest cost funding and secure favorable terms. Paramount to this process also is to secure and promote the most affordable rates possible for the city's sewer customers, and then also for the enterprise, the wastewater enterprise maintain long-term fiscal sustainability and operational flexibility. Later on we're going to go through three loan options But there may be others you want to discuss, but we wanted to just highlight the differences between several that have been considered. Before we get to the loan options, I want to just talk high level about various ways that projects are funded by public utilities.

Cash funding which is really a pay-as-you-go kind of program is often used to fund the smaller and recurring projects You know, the cash that you generate annually above and beyond operational costs is usually programmed to handle the lower cost types of projects that are needed. There's also alternative funding federal and state grants like USDA which has been investigated State Revolving Fund for clean water That's also a very good program that's offered by the state of California.

There are other grants as well, and those are usually the focused one there had been some federal programs that have been discontinued in the last year but federal what we call free and cheap opportunities is something that should be looked at to offset potential costs of funding. These programs are highly competitive usually and take a bit longer to process with the state or federal jurisdictions that are offering them. And like USDA, oftentimes you'll have to find interim construction funding because these other programs like to fund when the project is complete. And of course then there's the private markets bonds or loans Those are accessible sources.

They're usually higher cost than the alternative free and cheap money sources, but the timing is generally three to four to five months and that's relatively certain timelines. What is a wastewater revenue loan or bond or even a USDA loan? The purpose is to fund these larger projects. The repayment source, and I think this is important because we're going to use the terminology net revenues.

Net revenues is really your gross recurring revenues from rate payers and there are interest income in other sources but that's Your recurring revenues, less your recurring every year types of operating expenses. That equals your net revenues and that is the pledge that the city would make to what whatever your funding sources to repay the loan or bond that you might undertake in the future coverage ratio is another important point. You must maintain sufficient revenues or net revenues to cover debt service. Usually that means that you have excess amount over and above that debt payment, so typical terms are 110% to 125% coverage which means that you have $110 to $125 of net revenues for every hundred dollars of debt service that you're undertaking.

And then key legal covenants that usually are present in all of these types of loans or bonds is the rate covenant, which is maintaining that coverage that we just mentioned as well as an additional bonds test which imposes additional conditions before you're able to So where is the current status of the Wastewater Enterprise Fund? The enterprise fund struggled a bit before you implemented the rate increases, you were negative on your net revenues.

But that five year increase that the City Council approved translated into positive net revenues after 2023. As you can see on the right hand side, current fiscal 25. We don't have fiscal 26 in hand at this moment but fiscal 25, the most recent year of audits, you had a little bit over $1 million of net revenues. If you were to calculate a pledge for a new bond with that $1 million using 125% coverage That would translate to about 10 to $12.5 million of capacity for funding any type of large capital project that falls short of the $18.5 million that we're assuming for this analysis is the project costs. The 2022, just going back to the 2022 cost of service study Next page, projected that in 2026 you'd be about 1.6 million net revenues and 2.1 million of net revenues so once the fiscal 26 figures are tabulated at the end of this fiscal year you'll see where you stand up but there have been large increases in operational costs with respect to energy and power Sometimes labor as well, so it'll be important to see where that is prior to your cost of service study that you're contemplating doing.

That will be your baseline for the go forward look and once you have that in hand, your financing options would be re-evaluated. Your reserve levels are looking good as a percent of annual budget, the city has adequate reserve levels and the trend is good. That cost of service study that you approved in 2022 is having the desired effect notwithstanding that you've used some of your Thank you very much.

Right now, it grew from 1.1 million in 2022 and you're projected to be while you're at 2.5 million at the end of fiscal 25 I'm not sure where the projection will be but indications are that it might decline to 2.1 million So, getting into the four very high-level options just to provide contrast to the USDA loan that the staff has been pursuing for the last number of years. We wanted to show a bank loan which is also called a private placement.

They're usually limited to a shorter term, a 20 year term as standard using up a bond or public offering to investors We're showing a 30-year term and a 35-year term. And we have interest rates that we took a snapshot of earlier this month for the credit rating that we think is conservative for the city of Solvang. And then, of course, we also have the existing terms that we received in the letter of conditions from the USDA. And that has a 40-year term.

So the bank loan is the quickest option to execute. There's no credit rating, there's no investor disclosure that needs to be put together that goes out to the investors to sell the transaction. You have more flexible prepayment options for these bank loans and for the private placement bank loan as well as the public offerings you can bundle your construction financing into your permanent financing so you don't have to do something before the takeout like USDA requires. The cons right now are that the private placement market is showing higher interest rates and also as noted, you have a limitation on your max term of 20 years there are some banks that will go out to 25 not many and they charge a higher rate. So the assumption here is a 20-year loan at 5% rate I can read that the annual payment is about a million seven.

Okay, so public offering we're showing a 30 and 35 year. Currently, it's a lower cost option than USDA that's not usual but that just happens to be the case at this moment in time. Flexibility on the term, you can go up to 30, 35 years. 40 years is possible but it's not typical. Usually you're seeing these long-term financings by selling to investors at a 30 year term.

The cons are it's a longer process than a bank loan. You have to go through a lot more due diligence with respect to getting a credit rating and putting together disclosure for the investors And usually you have a prepayment lockout feature of 10 years that can be negotiated depending on the market. Sometimes you'll have to pay a little bit of interest rate penalty, but the 10-year lockout is typical and this assumption assumed an A plus credit rating which we think is conservative for the City of Solvang's Wastewater Enterprise and was showing 30- and 35-year terms. So, for the 30-year term if I can read that say $1,330,000 let me look at that make sure I'm reading correctly yeah a million three hundred thirty thousand dollar payment for 30 years a million two hundred fifty thousand For the 35 years, contrasting that with the $1.775 million for the direct bank loan placement which is over 20 years.

So USDA this is sort of a collapsed approach we're not we're bundling and trying to show an apples-to-apples comparison Although you do have to do an interim financing before USDA will take out the construction loan, but we bundled both where we're trying to show that there is pre-funded interest in all four of these options. The pros for a USDA is they will give you the longest term. That is the way they work.

For disadvantaged communities, that can be a very strong benefit. Usually they have the very low rate. Currently it's higher than one would expect but there is the opportunity once you lock in the USDA program that you can reset that down if rates go down prior to them funding the loan in a couple of years when you're done with construction. The cons are that it's a very long process, and it takes a lot of staff time and sometimes consultant time.

You do need to do the interim funding. There is no credit rating disclosure needed which I think is a positive. I'm not sure why that's in the cons but you may have to do the credit rating for the interim loan. So the assumptions here are 40 years At four and three quarters interest rate, that is the current quote from USDA. That 40 year program shows the lowest payment of about $1.1 million annually over 40 years, of course.

So we wanted to show all four of these and then stack them up and compare them. I think there's two things that are important to look at which The annual payment, that's what the rate consultant will be looking for and solving rates for when they conduct their analysis. But then also I think it's important to see what the total payments are over that loan term. So you can see we go from $1.7 million for the private placement all the way down to a $1,000,001 for the USDA 40-year But there is approximately $10 million more of interest paid over those extra 20 years that the public agency would be making those payments.

Glad to answer any questions on that slide, if there are any right now or we can answer them at the end.

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1:39 – 1:4620 turns

UnidentifiedUnidentified speaker 5Proposed1:39:38

I have a question in particular on that slide.

UnidentifiedCity ClerkProposed · by role1:39:40

OK.

UnidentifiedUnidentified speaker 5Proposed1:39:41

So the million dollar other contribution was only applied to the USDA option? Why is that? That's grant money that the city enjoys, why wouldn't we apply it to any other

UnidentifiedCity ClerkProposed · by role1:39:56

debt

UnidentifiedUnidentified speaker 5Proposed1:39:58

scenario?

UnidentifiedCity ClerkProposed · by role1:39:59

That is my mistake. I just found out, I thought it was tied to the USDA application where they were giving The loan at $17,500 and a one million dollar grant. That's sometimes how they'll offer the package to a public agency but I understand that is an earmark through your congressperson so that should be applied to all the other three as well. And of course that will lower those other threes annual payment

CommentCity Manager'sProposed · by introduction1:40:40

I need to jump in here because the information we received from our contact at USDA suggests that it is a grant specifically for USDA, not an earmark which is what I understood it to be. I have not had a chance yet to get this clarified But the way it was presented in the letter that we received from USDA last week, the example was given. Right now we've got it published at 18 and a half million dollars is what the estimate is for construction but if the project actually cost less they would still loan us 17 and a half million and then the money, the difference would be taken out of the grant which indicates to me that it is not in earmark And I have not had a chance to reach out to USDA yet. So, the answer to the question more specifically is it should be applied to all of the different loan options or borrowing mechanics that are presented here, but based on what I received from my contact at USDA.

My understanding of what he wrote was that it is specific to the USDA and not... Sorry, Randy,

UnidentifiedUnidentified speaker 5Proposed1:42:02

but I thought, are we talking about the same money that we got from Carbohal's? Yes, Carbohal's $1

CommentCity Manager'sProposed · by introduction1:42:06

million

UnidentifiedUnidentified speaker 5Proposed1:42:06

earmarked. That's what confused me. Why is it only USDA entitled to it?

CommentCity Manager'sProposed · by introduction1:42:10

I don't have that answer. I was not able to reach out to Al and find out, but I got that information late last week

UnidentifiedUnidentified speaker 5Proposed1:42:16

Let's get that clarified. Are

CommentCity Manager'sProposed · by introduction1:42:17

there options

UnidentifiedMayorProposed · by role1:42:21

to prepay those?

UnidentifiedCity ClerkProposed · by role1:42:32

Yes. The USDA, I think maybe I didn't say it on the previous page but USDA you can pay down your loan at the public agency's option without penalty at any time.

UnidentifiedMayorProposed · by role1:42:48

Thank you.

UnidentifiedUnidentified speaker 5Proposed1:42:49

So they prepay and rate adjust in the middle if there is an eligible rate adjustment?

UnidentifiedCity ClerkProposed · by role1:42:56

You can adjust lower prior to the funding, which would be after construction is complete but before at the time they fund it so at that point you lock it in. So we're all hoping the rates do start coming down and they seem abnormally high for USDA right now. As an example, two or three years ago we locked in for another project at 3.625 for the 40 years. So that's something we're working hard to keep on that other project because that's a low rate in the current market especially for 40 years.

UnidentifiedMayorProposed · by role1:43:35

Thank

UnidentifiedCity ClerkProposed · by role1:43:35

you. We wanted to insert this slide because the term of the loan You know, impacts the total interest costs you pay over the term as well as your annual payment that the rate consultant is going to solve for when they do their study. And, you know, the shorter the term, the higher the amount to fund the same annual amount to fund the same cost. So there are pros and cons. You lower your interest but there is something what we call generational equity in some City Council thinks it's important, some less so. They want to pay things down earlier but we think it's important to note that the treatment plant project, that's a long-lasting asset and usually folks are looking to fund long lasting assets with a longer term funding term So that you're gaining the generational equity, which means that the folks.

That are paying that payment for that asset and that improvement project that you took on debt are gaining the benefit of that asset so as an example 20 year loan term for the direct bank loan. After you have a higher payment during those first 20 years, but the next 20 or 30 years that that asset is still providing benefit for the ratepayers. Those ratepayers after year 21 are getting essentially no having to pay no payment on that so that's the thinking the statement on generational equity. You try to match up your loan term With, with the useful life of that asset where it's providing benefit to the customer.

You know, to the extent that you have the ability to pre pay without a penalty that loan which you do. On all of the loans that we're talking about, some are more flexible than others. You certainly can program that in if that's important and of interest to the City Council and staff down the road. Glad to answer questions on this though.

1:46 – 1:5517 turns

UnidentifiedUnidentified speaker 6Proposed1:46:08

I am curious about one thing, the assumption that the useful life of the asset is greater than 40 years. How long has our wastewater treatment plant been in existence now?

PresenterJose AcostaCity of SolvangProposedself-stated1:46:23

The treatment plant's been in existence since the 60s. The last upgrade was done in early 90s so we're already approaching a 40-year mark on that treatment plant upgrades.

UnidentifiedUnidentified speaker 6Proposed1:46:35

Is any of that attributable to the state requirements, or is it strictly the functional part of the wastewater treatment

PresenterJose AcostaCity of SolvangProposedself-stated1:46:45

plant? It's a combination of both. But the state requirement for nitrification was one of the major players about five years ago to start the phased approach to the wastewater treatment plan upgrades.

UnidentifiedUnidentified speaker 6Proposed1:46:56

That's what I thought. So it could change again and reduce the- we'd have to start this again less than 40 years.

PresenterJose AcostaCity of SolvangProposedself-stated1:47:03

If we get our permit settled with the Regional Water Quality Control Board for the foreseeable future, and I don't know how long that is because we all know state regulations could change in 10-15 years but we should be good until the next requirements come down the pipe. But yes, that is true.

UnidentifiedUnidentified speaker 5Proposed1:47:29

It's just simple and it makes a point. The question I have is, you know bank loans commonly most people are familiar with mortgage loans are commonly 30 to 35 years why is the loan option capped at 20 years? It doesn't match the useful life of the asset. Are there options for different terms of loans from banks

UnidentifiedCity ClerkProposed · by role1:47:58

I mean, I've been creative on some bank loan programs where they don't want to take on for public agency debt loans that are longer than 20. I do see some that are 25 but there can be the ability to structure something where you have an amortization that's longer but you still won't be able to exceed the 15 or term that the banks underwrite at. That's just where they're at on public agency loans, that's the programs that they offer. You know if you get exotic as I'm speaking then you do take on interest rate risk but you know that's something that can be investigated down the road if that's council's pleasure

UnidentifiedMayorProposed · by role1:48:58

I had a question from your beginning, you said PRAGO? PAGO. PAGO, thank you. I didn't know what that acronym was.

UnidentifiedCity ClerkProposed · by role1:49:07

Yeah, PAGO is just using your excess cash annually from your net revenues over and above your payment to take care of those other

UnidentifiedMayorProposed · by role1:49:16

projects. Thank you, I just hadn't heard that acronym. Okay, any other questions?

UnidentifiedUnidentified speaker 5Proposed1:49:22

I have some comments, okay. First of all really good summary and a good assessment for us so appreciate the data. I think like baselining where we are at it's important to know that we the current wastewater treatment plant needs this rebuild to meet new state requirements on the water that we release from the plant We have There's two key concepts in this presentation that I want to emphasize. The first is that the USDA option maps closest to the useful life of the asset and the generational equity point means that Current ratepayers today are not overly penalized to finance the asset. We would spread the cost over generations of ratepayers, so today's payers don't pay an artificially high rate because at their moment of time they have to incur the rebuild of this asset.

So it's more fair to spread it over as much time as we can possibly look at The second thing is the USDA terms, not just time or length of term but the fact that we can enjoy a rate adjustment if rates go down and we have the flexibility to prepay gives us the flexibility and the note that things could change. And we know that things will change, right? We know that for sure. We can take on...we're already taking on San Yanez as a potential 20% contributor and we need to figure out that math and we could also take on Los Olivos should they vote that way and that could change significantly the math on how we affect our own rate payers so I mean to me that gives us conditions that are most favorable for the USDA option.

So on that point, We should probably consider another round of math, and I know we're going to do some work groups on a breakout committee. But another round of math that the team, the council can look at that considers the million-dollar grant and how it should be appropriately applied so we do a fair compare. That we look at what does it mean when we factor in San Ynez and potentially Los Olivos? And then we should probably look at Policy that says, can we onboard another consumer of substance in 10 to 20% capacity? So it positions us as a regional wastewater treatment plant. And that policy would say you can buy in And there might be a construct for a buy-in fee, and then your contribution of the rate for your percentage of consumption is X.

And we write that as a policy so someone knows how to negotiate their way in And most importantly, it gives somebody like Los Olivos a construct, a predicted model to say yes or no to should we vote to come on board to Solvang's wastewater treatment plant without that they have no framework. It gives them a little more understanding of what they're signing up for.

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UnidentifiedUnidentified speaker 6Proposed1:53:02

Reasons to object, yeah. One of the other things that I would go along with that with is of course here shortly in a couple days we're going to have the Urban Growth Boundary Advisement Committee looking at the potential of bringing in more homes, more buildings If all of that happens, this is back to capacity which is what Ms. Arrona was referring to so can we how much more can we handle for ourselves as well as bringing in Los Olivos?

CommentCity Manager'sProposed · by introduction1:53:37

To address you know what Councilwoman Arrona was just saying, we have had that conversation with Los Olivos. We've talked to our consultants our engineers and and determined what the buy-in would be. So not only would they be buying approximately 10% of our capacity, and consequently or directly consequent to that would be the 10% of our operations cost There's a cost, I don't remember the exact number of it was four or five million dollars I think of buy-in that they would have to give us or possibly arrange to make payments to get it paid in so that we would have that ability.

So that they're buying in, they have equity or skin in the game. The other thing I wanted to point out just real quick math Eric pointed out a minute ago as he was going through the comparison rates there's roughly $600,000 difference in the annual payment shorter term would be $600,000 more And if you do the quick math, we've got about 2,000... a little more than that but 2,00 connections in the City of Solvang. Two thousand...

six hundred thousand divided by two thousand is three hundred dollars a year which again $25 a

UnidentifiedUnidentified speaker 5Proposed1:54:54

month

CommentCity Manager'sProposed · by introduction1:54:55

increase just to provide and again that's paid by the rate payers now if we went with a shorter term So of course that means 20 years from now, the rates could potentially go down. But that's not an equitable balance in the way those payments would be applied.

UnidentifiedUnidentified speaker 5Proposed1:55:15

One more thing on Los Olivos, one step further would be to allow them to make a reservation for capacity. So we could actually draft up an MOU it's not binding but again it sort of keeps the door open or allows Los Olivos community to understand What's the framework? But that they have a you know, they literally just have a reservation. So should they proceed Some terms are already understood again it gives them structure for them to say yes more easily and To promote this this is you know a regional solution That will guarantee meeting state standards

1:55 – 2:0312 turns

UnidentifiedUnidentified speaker 7Proposed1:55:58

Now, I do wonder how long is this all going to take? Because we've been talking about redoing the waterways treatment plant since 2019-2020. And I think the cost for building while we've been going through this process has gone up just like everything else. Is there anything that we can do to secure And what you fairly soon so that we can plan for this because at this point the difference between.

500, 600 connections more or less makes a difference on how much you pay on all of this. Just alone on the kind of loan that we get, we're talking a difference between $70 and $40 a month. So I'm just wondering how much longer this is going to take because it costs the longer that it takes you to negotiate. It also cost of construction goes up significantly

UnidentifiedUnidentified speaker 3Proposed1:57:02

Before Jose jumps in there, I just want to remind Council that this is a presentation and there's no action or direction to staff being given. We're definitely listening to all the questions and comments but just wanted to clarify that.

PresenterJose AcostaCity of SolvangProposedself-stated1:57:17

So the current timeline for construction to commence is second quarter of next year. We'll release RFP early first quarter, next Kentucky calendar year and completion of construction in mid-2029. At that time is when the consideration would be given to Los Olivos hopefully they have their design build out and they're ready to connect at that point in time. Randy and I are staying abreast and keeping in contact with the Los Olivos general manager we are attending a public forum that they are having June 3rd in the evening as well, that they're doing a customer resident outreach program is there as well. So we'll be there listening to questions and answering and giving them responses. Again, we've given on preliminary numbers and so they're comfortable with those or presenting those to their community as well of what the buy-in which is basically a connection fee to the city and so that would be fees that they would pay up front.

CommentCity Manager'sProposed · by introduction1:58:12

And if we could I'd like to allow Eric to finish his presentation

UnidentifiedCity ClerkProposed · by role1:58:18

Okay, the takeaways I think and everyone's sort of expressed discussion items that makes me understand you all got it which makes me feel like I'm doing my job here. There's been a lot of time spent on the plant but also the funding option, the preferred option with USDA You're looking for and I think you have within your reach options that meet all of the objectives with low cost, affordable annual payment which is the lowest possible impact on the rate payers.

You're looking for generational equity I think that's for City Council and staff to determine what term you want USDA does show that provides the most and creates more flexibility financial flexibility. Getting the results from 2026 and having a better handle on 2027 projections will clarify the viability of supporting the $18.5 million project, which obviously it can change as design gets firmed up. That could be a bigger number. We don't know. But the rate consultant who's going to do the cost-of-service study, that'll be extremely important information to have in hand Along with comments from staff and City Council on the best approach for some of these things you're talking about that would go in with, you know, potential partners that you're talking about.

Those all would go into that rate study to create the lowest impact on the customers possible to pay for this project. With that I think I'm done there's some other pages but we don't need to go through those

UnidentifiedMayorProposed · by role2:00:11

Thank you very much. Is there anything else? Any other questions? Okay, thank you for these options and your presentation. My pleasure. We've completed item 3 public communications. Thanks Eric. We'll go to City Manager's report please

CommentCity Manager'sProposed · by introduction2:00:37

Yes, thank you Mr. Mayor, Council. Just a couple of things. Those of you who have subscribed to our newsletter already know this and those of you who don't shame on you but we have an announcement in the most recent newsletter that the city is going to be awarding three different awards for the... pardon me for butchering the Danish language, Den Gulden Have Water Golden Garden.

The three different categories for most drought tolerant, most beautiful and exceptional example of defensible space. So we are going to be traveling around this city looking for homes that are taking these things seriously and I don't remember what the prize is but it's in a newsletter And if you haven't subscribed, the information is available on the city's website.

And as far as future meetings, the next council meeting we will be asking for council direction on pursuing relinquishment of Mission Drive State Route 246 from Caltrans, asking for direction. So that's going to be another exciting topic And we look forward to engaging with you on that matter. And that's all I have at this time.

UnidentifiedMayorProposed · by role2:02:07

Thank you, any questions of our city manager?

UnidentifiedUnidentified speaker 5Proposed2:02:09

What does relinquish mean exactly?

CommentCity Manager'sProposed · by introduction2:02:13

That means we take control over the right-of-way. I had never heard of it but, I mean, I had heard of it in a context of they do a bypass and then the old highway is relinquished to the city but this is an conversation I had with members of the Chino City Council when I was in Sacramento about a month and a half ago and demoning the fact that we're having difficulty getting some permission to do things along the Mission Drive, including putting in our video cameras.

And they said well we just did that and they relinquished it so we have a decision by Council on to proceed with that. That means we would accept the responsibility to maintain it but it gives us a lot more freedom about what we can do

UnidentifiedMayorProposed · by role2:03:07

Thank

UnidentifiedUnidentified speaker 5Proposed2:03:07

you. Randy, can I ask one more question? When is the council going to receive back the direction on our ethics code and our cease and desist request that we made almost two meetings ago?

2:03 – 2:0911 turns

UnidentifiedUnidentified speaker 3Proposed2:03:25

It's in the queue. We're going to try to bring it in this month.

UnidentifiedUnidentified speaker 5Proposed2:03:29

June? Yeah. Next meeting? That's the goal.

UnidentifiedMayorProposed · by role2:03:36

OK. Then we'll, is that complete your report Mr. Manager? Thank you. We'll go to item five would you read that into the record please?

UnidentifiedUnidentified speaker 1Proposed2:03:49

Government code section 5 3 2 3 2 .3 D aka B 1234 and government code section 8 4 3 0 8 aka SB 1439 report out. Ex parte communications council comments requests

UnidentifiedMayorProposed · by role2:04:04

Thank you. Anybody like to start us off? Mr. Fante?

UnidentifiedUnidentified speaker 6Proposed2:04:10

Okay, so meetings. I had to go back and look at a couple of things. So I did manage to go to the Chamber of Commerce meeting and talk to some of our residents there. I also was at the Aquatics Ad Hoc Committee meeting over at the high school talking about that. Sat in with the Revenue Measures Oversight Committee wanted to hear what they had to say Went to the Buellton State of the City, San Ynez Valley over at the Marriott. That was very interesting and then I was at the memorial yesterday.

I have a question for our city manager. The sound system in that memorial sucks, to put it politely. Do we have any control over there?

CommentCity Manager'sProposed · by introduction2:05:10

No, we do not have a sound system. The renters of facility bring their own equipment

UnidentifiedUnidentified speaker 6Proposed2:05:17

Okay, the other item I noticed is there's two huge candeliers have about 15 lights each and they were blinking during the entire session. That makes me a little nervous about the electricity there. Do we have any control over that?

CommentCity Manager'sProposed · by introduction2:05:34

We do, but that would probably start with paying our power bill. Just kidding. Yeah I'll alert our building and ground folks about that so we'll get it take a look and see if it's a wiring issue or the light bulbs are about to go

UnidentifiedUnidentified speaker 6Proposed2:05:51

out. Both sets of 15 lights were flashing so that's not a bulb I don't think I bring it to you, Mr. Murphy, to take care of it in your normal style.

UnidentifiedUnidentified speaker 5Proposed2:06:10

I have a couple to report out. I attended also the aquatics working group session on the joint use agreement and we have another meeting coming up, I think next week so one of two so far. I also attended the City of Buellton State-of-the-City address which was good to get our sister city, I'll call it that. update. Also, I attended a staff meeting just to do some preliminary discussion on something that's on our agenda tonight which is alternatives to our Santa Barbara County Sheriff's contract and so that'll be part of an ongoing discussion. And then I attended the one-year anniversary of the Chumash Museum ceremony And interesting to hear that they had in one year over 35,000 visitors to the museum. So a very successful new cultural footprint in the valley.

I did want to make a request so I'll just say this. I think there's some things we can't... We are bound by state law on some of the housing development requirements And so if public continues to come and voice their concern about housing development projects, I think they should. But if they see us not responding or silent in some ways it's mainly because we have done what we can do or had to do. I'm not against development. I am against development where we don't get to plan for it And so I would like to request, given that I think since we're going to get more feedback on this Alice L. Glenn project and there is a southern Solvang contingent that doesn't have anywhere to go for milk and eggs and diapers until you cross mission.

And so we need to be sensitive To the traffic and the bottleneck that we're, that is going to be created. So I would like to do our own traffic study. I'm told that this particular project has done a traffic study but I don't see it. We'd love to see it, but I would like to conduct our own on what are the vehicle trips per day? What is the impact to this single route in and out of those several neighborhoods?

And what does that do for at times when we close down Copenhagen or we increase more foot traffic at the intersection of Alisale Road and Mission. when all of that commercial zone is fully open. And I'd also like to understand, what can we do to drive a San Ynez transit stop south of Mission for this neighborhood that has no commercial options? They've got to get out of town and then fast forward when we're talking about our evacuation plans and operational execution of evacuation plans.

When will we actually consider the new density of the neighborhood Thank you. Do we have anything?

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2:09 – 2:1413 turns

UnidentifiedUnidentified speaker 7Proposed2:09:55

And I want to thank everybody that made the Memorial Day service possible. And I think all people that attended enjoyed the luncheon, and I was particularly touched by the letters that were read by veterans. It's very easy to have opinions about military action on Thank you very much. I also want to commend the rapid response from staff regarding the parking issues during the holiday weekend. There's a lot of things going on in the city, so thanks Randy for being right on it.

You know, communicate with the contractors that we work with regarding holidays when they schedule all of these roadwork because I understand that. We need to give certain notice when we're going to request people do not park in places but it does require some flexibility when there's no work being done and there is a need for parking.

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UnidentifiedMayorProposed · by role2:11:17

Thank you. Real quick, I'm going to go down the checklist here. Was at a sub-regional SCAG meeting on the 13th. Met with United Way representative on the 19th with our possible participation as a city and then The Bulton State of the City, I think we had more council members there than they did. Which is pretty interesting but uh... We did didn't we? Yeah so we had a good turnout plus we had our manager and assistant managers there. So it was great afternoon and I don't know if I'd call him a stepsister or anything like that but you know the redhead one you know so Anyway, then the 21st I was at and attended with S.B. Skagg and then also APCD meetings on the 21st.

Had the pleasure of being one of those visitors at the Chumash Cultural Center and Museum at the request As a guest of Chairman Kahn and we also had a guest, Colonel Horn from Vandenberg was there. It was a nice intimate opportunity to see the museum And then the Memorial Day events, as we said. Thank you all for being there. We have a very patriotic city. I want you to know that. There was a great turnout there and I owe that to all our citizens.

And then the next week, there's a housing summit sponsored by Congressman Carvajal. That'll be at Vandenberg Space Force Base that a few of us plan to attend. That's all I have for shout outs. I approve of all the great buildings they put up, but in this case they took one down. So the whole Water Wheel Fire building is now a vacant lot for the most part and changes the viewscape of the theater fest and downtown quite a bit so that's what I have and then we will now

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move on to item six consent items And would you read that into the record, please?

UnidentifiedUnidentified speaker 1Proposed2:14:11

Consent is for routine administrative city matters and is approved with one motion. Members of the public were afforded an opportunity to speak during the public communications portion of this agenda.

UnidentifiedMayorProposed · by role2:14:24

Thank you. Is there any concerns about the agenda items or consent?

UnidentifiedUnidentified speaker 5Proposed2:14:31

I'd like to pull one.

UnidentifiedMayorProposed · by role2:14:34

Do you want to pull

UnidentifiedUnidentified speaker 5Proposed2:14:35

item E?

UnidentifiedMayorProposed · by role2:14:36

I'd like to

UnidentifiedUnidentified speaker 5Proposed2:14:36

make a comment

UnidentifiedMayorProposed · by role2:14:36

before we make

UnidentifiedUnidentified speaker 5Proposed2:14:38

a motion. We don't have a motion, so

UnidentifiedMayorProposed · by role2:14:40

this is discussion.

2:14 – 2:2115 turns

UnidentifiedUnidentified speaker 5Proposed2:14:59

Can I just comment on item H? This is from the extreme clean janitorial. Item 2, I read the report, and I thought it was awesome. There were details provided that it is extremely clear that Extreme Clean is paying detailed attention to the work they're doing This is a contractor Brightview needs to pay attention to how this contractor actually delivered on, and actually over-delivered in my opinion on the work that they do for the city. Great example I just want to give them a shout out.

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UnidentifiedMayorProposed · by role2:16:11

Thank you. I still don't have a motion though one way or the other any other comments? Okay. I'll accept the motion.

UnidentifiedUnidentified speaker 5Proposed2:16:23

I'll make a motion to approve consent item six A through G and I and J.

UnidentifiedMayorProposed · by role2:16:32

I'll move to accept consent items A through D and F through H,

UnidentifiedUnidentified speaker 5Proposed2:16:36

sorry J.

UnidentifiedMayorProposed · by role2:16:58

The only one we're not accepting is E. Correct. Thank you. Is there a second to that?

UnidentifiedUnidentified speaker 2Proposed2:17:04

I will second.

UnidentifiedMayorProposed · by role2:17:05

Thank you, it's been properly moved and seconded. Roll call please.

Roll-call vote Passed 4–0 moved and seconded. Roll call
Show transcript
Council Member Infante. Yes. Council Member Claudia Rona. Yes Mayor Pro Tem Smith. Yes Council Member Elizabeth Rona yes Mayor Brown yes
UnidentifiedUnidentified speaker 1Proposed2:17:19

motion passes 5-0

UnidentifiedMayorProposed · by role2:17:20

okay now we're going to discuss item 6E and

UnidentifiedUnidentified speaker 5Proposed2:17:29

Okay, my concern is still on the goal of reviving the sister city program and I know I brought it up last time and I thought we asked for it to change but I don't see that it's changed. I know we added a goal which was traffic and parking but I still had a fundamental disconnect with how we set this goal up in our session, which was way back in February. So we're being challenged to remember what we said we would do but I'm going to read you my notes of what we said we would do and I just want to challenge us to think what is the outcome of reviving a relationship with the sister city? What does that produce for the residents or even the visitors?

It feels like we haven't defined the outcome of what we want. My note said for that particular community segment of the goals, that we would focus on further developing Solvang brand, historic preservation of the city and things that we would do to emphasize that and civic commitment more civic commitment to arts and events. I really genuinely did not capture Sister City and what it would do for us.

And i'm just suggesting Revise that to be more definitive what outcome we're looking for.

UnidentifiedMayorProposed · by role2:18:53

Well, okay. I'm just saying as a goal that the outcome of Sister City is really for just that the branding the extra communications here we're coming into the Olympics having that sister city and the communications and connections was my understanding of having that sister city relationship its priority is you know Let's pick a placeholder for it, but it was really more of a placeholder for those branding and outreach to our roots in Denmark.

Really was my understanding of that request or to be on as goal. Mr. Manager have you any feedback that You can

CommentCity Manager'sProposed · by introduction2:19:46

share. Obviously it's, that is part of it. It's the culture and protecting the brand of Solvang those kinds of things you know our takeaway after last meeting was the ten were good we just needed to add the one about the transportation or the congestion so that's why that stayed

UnidentifiedUnidentified speaker 5Proposed2:20:07

Okay, fair enough. Well I'm still going to advocate that we reword it because I think we can accomplish things branding, cultural emphasis, historic preservation but it's not dependent on us having a relationship with the sister city to do those things so to me the sister city is like a sub bullet or among the things you tasks you would do or to pursue Historic preservation, cultural relevance and brand preservation. If those would be the goals that would be your goal statement and then what you do would follow under that?

UnidentifiedUnidentified speaker 6Proposed2:20:45

Well if I may... The civic part of it, the civic connections with Denmark where Sister City with Aalborg We typically have exchange students from Denmark here. So understanding what it is that they are used to or what they should be looking for here and how we deal with those kids, I think is not a bad thing to have as a goal.

2:21 – 2:2613 turns

UnidentifiedUnidentified speaker 5Proposed2:21:16

I hope it's not just semantics. What I'm saying is, we can do that. Is the goal to have kids from Denmark come visit? Or is the

UnidentifiedUnidentified speaker 6Proposed2:21:26

goal...

UnidentifiedUnidentified speaker 5Proposed2:21:29

What's the goal statement? What's the objective?

UnidentifiedUnidentified speaker 6Proposed2:21:34

Cultural connection. That's all I have. You're right.

UnidentifiedUnidentified speaker 7Proposed2:21:38

I will chime in and say to foster cultural connection as a goal, yeah that's very broad but it's not specific. I'm going to advocate to keep that goal because for one it's already in motion, it's easy, specific and it's a good way foster that connection between Solvang and Arbor, Denmark or any city in Denmark really. Right now we have less than 10% first second-generation Danish Americans so the heritage has definitely been lost it's up to newer generations to keep that brand and that's one very good way to do it to have a real connection with Denmark.

UnidentifiedUnidentified speaker 5Proposed2:22:21

So I'm gonna echo back what you just said because I actually agree with it, but what I hear you saying is that we need to make investments to develop Solvang's commitment to the Danish cultural roots That's a goal statement Making a connection with a sister city is not the goal statement It's a thing you do

UnidentifiedMayorProposed · by role2:22:46

Yeah, as you said it might be semantics. It might be nomenclature. I think we've at our goal session...

UnidentifiedUnidentified speaker 5Proposed2:22:54

I guess I don't want to be in the spot where the staff interprets it as the only thing they can do to develop our Danish roots and preserve them is to establish a relationship with a sister city Well, it's not the only thing that they're doing but it is the way we would measure. They will check mark that goal

UnidentifiedUnidentified speaker 7Proposed2:23:13

exactly. We just tell them here Foster Solvang's cultural heritage and they're going to go great but what do we do? We're back to square one I think a concise goal is a good thing to have Mr.

UnidentifiedMayorProposed · by role2:23:26

Murphy has

CommentCity Manager'sProposed · by introduction2:23:28

We understand the intent certainly behind it. It is more than just fostering that relationship, it is something we are actively working on. We're also talking with a gentleman from the Danish, I forget basically they oversee the water and wastewater treatment production in Denmark. We were invited to go this year but due to the current global situation we opted out That was intended to be renewed this next fiscal year. So those are the kinds of things that I see happening under this

UnidentifiedUnidentified speaker 5Proposed2:24:07

goal. Agree, I guess I wouldn't want a dependency on something that we have to cancel because of conditions that are out of our hands and perhaps we instead make what if I'm just gonna throw out a week this wasn't discussed but if how do we encourage our local heritage, the people who know these things that are down the street or very close by to create a cultural commission that encourage them foster the local and native perspective. Not specific to Europe but specific to right here this location And the families that built the city, why can't we just put some energy there? It might be easier to do and less costly and more achievable for staff. I'm just saying it's just like we have identified one single thing and I think it's short-sighted.

UnidentifiedMayorProposed · by role2:25:05

I think it's okay for goals to be bodacious and they don't have to be so well defined that we're not touching other points. But, I think that we're over engineering this quite honestly with regards to our It's a sister city aspect that. I think that's where we're still here today. It's been moved and seconded to approve item 6E in the consent item. Roll call, please.

Roll-call vote Failed 2–2 moved and seconded to approve item 6E in the consent item. Roll call,
Show transcript
Council Member Infante? Yes. Council Member Claudia Rona? Yes. Mayor Pro Tem Smith? No. Council Member Elizabeth Rona Okay we have no

2:26 – 2:427 turns

UnidentifiedUnidentified speaker 5Proposed2:26:30

public hearings so we're going to

move on to item 8 a

UnidentifiedMayorProposed · by role2:27:01

Good evening, Mayor and Council. I wanted to

UnidentifiedUnidentified speaker 1Proposed2:27:04

note that Lompoc Police Department Chief Kevin Martin is here in the audience with us tonight.

UnidentifiedUnidentified speaker 8Proposed2:27:31

This item is consistent and responsive to Goal 8 of the 2026-2028 Adopted Goals, which is evaluating the Sheriff's Contract for Transparency, Value, Representation and a Clear Return on Investment. I want to begin by talking about what we are asking for and what we're not asking for tonight. Tonight's recommended action has two components, the primary track is to authorize staff to advance discussions with the City of Lompoc for provision of police services with a target date of July 1st 2027.

The second track runs simultaneously authorizing staff to negotiate an option for a one-year extension with the existing Santa Barbara Sheriff's Office agreement as a contingency and it's going to be exercised only if the law book agreement cannot be finalized in time. We're not asking for the council to approve a new law enforcement agreement at this time. We're asking for direction to negotiate and any agreement will come back to Council for full approval, and having these two tracts helps us have a clear path in a safety net.

And with that framing I want to walk you through all the things that brought us to this point The City of Solvang has contracted with the San Barbara County Sheriff's Office for 41 years since it became a city in May 1st, 1985. We have never had any other law enforcement provider. Law enforcement is our single largest discretionary fund item in the general fund.

When the city's largest expenditure is also its least accountable line item, then we have a problem that requires attention. Our estimated, so for 10 years So for 10 years since 2015, the city paid 1.56 million dollars for the Sheriff's Services and when that budget amount was $1.8 million, Measure U was first envisioned. Now the amount that is budgeted for the 2026-2027 year is 3.4 million dollars. That's a 107% increase over ten years for the same baseline services.

The escalation has not been gradual and it has not been consistent. In fiscal year 21-22 saw a 19% single year increase, fiscal year 23-24 saw up 23% jump and this cost trajectory has accelerated Over that same time, the city has experienced persistent concerns about service levels, inadequate traffic and code enforcement, limited accountability to city leadership, inconsistent statistical reporting and unreliable event coverage.

These concerns have been covered formally and informally through the contractual relationship and they have not been adequately resolved. In the staff's view, the city is not receiving value can measure it with the cost of this contract. In 2021 there was a dispute which required formal mediation between the Sheriff's Office and the cities of Builton, Carpinteria and Goleta.

So what does $3.4 million dollars buys? The base contract provides one patrol post, that means one deputy car is assigned to Solvang 24-7. That's approximately 5.5 full time equivalent deputies to account for vacation time, sick time and training. This 5.55 figure was a subject of significant negotiation. The city's position was that the number should have been five or below The Sheriff's Office insisted on including training hours and other non-productive time in the calculation of what it takes to staff one post, which drove the multiplier up and locked in structurally higher costs from the start.

It also includes general traffic enforcement, accident investigation parking control, and criminal investigations and emergency dispatch. Specialized units like SWAT, the bomb squad are included at no extra charge but only when the county deploys them on its own initiative. If a city requests them then the city pays for it. Jailbooking custody and coroner services are county obligations and they're not billed to the city regardless of which law enforcement provider we use.

Anything additional which is on the red side in the red column is called menu items and the city does not have any So the work that we have completed before tonight has included, so the city management has been actively looking at alternatives before even signing this last agreement. This recommendation reflects months of deliberate groundwork and here's what has been done.

Frequent discussions among city managers over the last six months culminated in a recent meeting with mayors and city managers of Lompoc, Solvang, and Buellton along with city staff and we met with Lompoc Police Chief Martin. All parties reached a conceptual agreement that the city to city arrangement is worth pursuing There was no agreement reached, there was no commitment and no numbers were exchanged but the conversation is real and serious.

On the Santa Barbara on the LAFCO side, the Santa Barbara County Local Agency Formation their executive officer Mike Prater confirmed that there would likely be an exception from the LAFCO review Assuming, and this is because the City of Solvang and Buellton are already receiving law enforcement services through a sheriff's contract. And a different provider would simply be an alternate provider for the same services.

He recommended that we involve LAFCO staff and obtain written approval before finalizing a contract but after council has approved an agreement Our city attorney reviewed the existing sheriff's agreement and confirmed, sorry our city attorney reviewed the agreement and confirm that no advance notice is needed ahead of the 365 written day notice. And the agreement only applies to early termination otherwise it expires on its own term on June 30th without a notice obligation Regarding the legal framework, California government code section 55-632 authorizes any local agency to contract with any other local agency for police protection.

Cities are not required to share a common boundary and if council moves forward tonight this is what the path would look like May through June of this year, the city attorney and Lompoc City Attorney confirmed the appropriate legal vehicle for the arrangement. And Lompoc confirms its operational capacity to staff the corridor alignment arrangement covering Solvang and Bealton.

June through September staff and the city attorney develop a term sheet covering service levels, staffing cost methodology liability dispatch arrangements and transition logistics. Bealton is pursuing a parallel council authorization on their end Built-in participation, which would be beneficial to the regional cost model for Lompoc is not a requirement for Solvang to move forward independently.

Solvang's ability, so that is the same. In September 2026 Lompoc and Solvang Councils would approve the agreement and then LAFCO approval would be sought and the Sheriff's Office would be formally informed that the contract will not be extended. October 26 through June 27, we would have transition activities. Officers would become familiar with solving equipment, would get equipment dispatch coordination and necessary modifications to the police office space here in Solvang.

Vehicle purchases and other startup costs would be budgeted for fiscal year 26-27 July 1st 2027 Lompoc Police Department begins service If for any reason the Lompoc Agreement cannot be finalized in time, the backstop is there. There is an existing agreement. The existing agreement allows up to three one-year extensions so that's for the years 27 28 28 29 and 29 30 And this contingency that we're recommending tonight is to negotiate an option for that first extension period only if needed.

Regarding the budget, here's what we know and what we don't know yet. For fiscal year 26-27, our estimated law enforcement sheriff contract is 3.397 based on the figures provided by the Sheriff's Office and it's still pending that the Deputy Sheriffs Association MOU is approved In 27-28 when Lompoc services would begin, we don't yet have a cost estimate. Negotiations have not commenced and we've asked for three figures.

Apples to apples comparison, minimum staffing amount and what could we get for the same price or cost as the Sheriff's Office agreement that we have in place right now? What we're recommending tonight is to include a line item in the fiscal year 27-28 budget, titled Contract Law Enforcement Services. Just as a placeholder to capture the related costs related to changeover of law enforcement providers subject to amendment once an agreement is finalized.

This keeps the budget accurate and transparent without predetermining the provider before council gives the direction The full cost analysis including staffing, administration vehicles insurance overhead and dispatch will be presented to council before a final agreement is approved. And if you're wondering why the costs have gone up and why they've doubled is because of five structural drivers.

First is the shift relief factor, which we previously discussed. Second is that every raise that deputies receive through the MOU flows directly into the city's bill with the city not having a seat at the bargaining table. An 8.75% increase in indirect cost rate is applied to all, on top of all salaries and the city does not pay this as a separate line item but it's used to justify allocating the full cost of the department overhead for the contract cities Four, so basically that's we pay for the contracts bureau that builds the city.

The fourth, the Board of Supervisors directed full cost recovery in 2015 but it was not defined and it's an ambiguous line item which has resolved in the Sheriff's Office favor. And there's a 3.5 overtime inflation factor included in the formula every year before actual overtime is known So in short, costs have nearly doubled but not because Solvang got more services.

The recommendation tonight is on the screen. The direction authorizes just the beginning of negotiations and it does not commit the city to any provider and the final agreement will come back to this council. And I want to close by noting what's at the core of this decision. Public safety is a most fundamental service that a city provides. The council and residents deserve to know what the city is receiving, the level service and accountability that reflects their investment, the investment being made.

Tonight we are asking for the authority to find out whether there is a better path If negotiations reveal that the numbers do not work or that the operational model is not right, we will tell you that. No agreement moves forward without council saying yes and we believe that this exploration is a right thing to do for Solvang and we're asking for your direction to pursue it. And that concludes staff report.

UnidentifiedMayorProposed · by role2:40:58

Thank You Mr. Murphy

CommentCity Manager'sProposed · by introduction2:41:00

I just wanted to add one thing for clarity. This request is not coming forward to you due to any service issues with the individuals performing law enforcement for the City of Solvang. It's strictly a value Awareness, the idea being as Olivia pointed out that we don't believe we're getting what we're paying for. 3.4 million dollars is a lot of money and that's what's driving this discussion and has driven the request And as was pointed out, Chief Martin is in the audience and he can certainly answer other questions. But the conversations I've had with him have been quite frank.

He understands where we're at. He assures me that we will get way more value than we're currently getting from the Sheriff's Department. And again it's not due to any individual within the Sheriff's Department just the way they've got it set up.

2:42 – 2:4718 turns

UnidentifiedMayorProposed · by role2:42:03

Thank you. I had a question real quick Your negotiations are mutually exclusive to what Buellton does? Or is this if they don't come along, does that preclude what we would do so it's mutually exclusive.

UnidentifiedUnidentified speaker 8Proposed2:42:22

Yeah they're mutually

UnidentifiedMayorProposed · by role2:42:23

exclusive. We hope to make it collective but then it's not necessarily

UnidentifiedUnidentified speaker 8Proposed2:42:27

correct

UnidentifiedMayorProposed · by role2:42:27

have their own contract as with as would we

UnidentifiedUnidentified speaker 8Proposed2:42:30

Correct. It would, it's similar to the way that the sheriff's contract is currently structured where there's all the contract cities but they all have an individual contractor. But of course the more we share resources or it's going to make the cost. It's gonna spread the cost a little better.

UnidentifiedMayorProposed · by role2:42:47

More cost effective for Lompoc if both of them are in there as opposed just one I appreciate that Because I was looking at the, you know, at $250,000 a month is what you said. You got 6,000 people, I mean bodies in Solvang. That's $500 a year per person regardless of age so if a family of four think of it as $2,000 for that family for law enforcement for that year.

That's...I'm not sure if I asked anybody out here are they They perceive that value, I don't know. We're still buying ring cameras and everything else so I'd say no but that's kind of why we're at this you know initial exploratory committee and actions that we're taking for the staff. Any questions that our board has before I open it to public comment?

UnidentifiedUnidentified speaker 6Proposed2:43:47

If I may, just a couple. So the current Solvang police car that actually says police on it belongs to us or we don't get it so we have to buy all new cars? We have to have them serviced someplace? Do we go to Lompoc to get them serviced? I mean, I can think of so many details that I'm not hearing.

UnidentifiedMayorProposed · by role2:44:18

We're starting to get in the weeds here. I don't know if that's a

UnidentifiedUnidentified speaker 8Proposed2:44:20

point. That's what tonight is about is allowing staff to be able to move forward on all of these questions and start looking at the details without getting too far ahead of council direction

UnidentifiedUnidentified speaker 9Proposed2:44:37

Good evening. Thank you for your time, Council, Mayor and the community and the staff. The City of Lompoc is 43,000 people and we've been providing law enforcement services in our community since the 1800s And part of what we do is consider the wear and tear on the vehicles. We have our own fleet services, so we would include that in the contract with you that when those vehicles need to be serviced at the fair cost value of that then we would make sure they were serviced and kept up-to-date. You know many times vehicles are unfortunately involved in an accident before we put them back out on the street It also includes, I presume using the Lompoc Jail?

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UnidentifiedUnidentified speaker 6Proposed2:45:39

I mean, I can think of a dozen different things that are all going to have to be part of this. And the staff's gonna have to come up and talk. Well we're gonna talk to you. We have to come up with some of these questions and answers. For instance, okay, we hire a couple of people for crossing guards when we have intense weekends of visitors. Are we gonna be able to use the police department to do that instead?

UnidentifiedUnidentified speaker 9Proposed2:46:09

My recommendation is it's much cheaper to hire somebody at a lesser paid dollar value to do crossing guard than a police officer salary, right? It would make sense to bring somebody else in that knows how to do that but isn't paid at the level of a police officer.

UnidentifiedMayorProposed · by role2:46:28

Good point. Well, they also have an Explorer program that may have those resources. So because we're talking special events type of thing so I'm sorry to answer that for you but it might be an alternative any other questions? Mr. Murphy.

CommentCity Manager'sProposed · by introduction2:46:48

For purposes of comparison Chief Martin your staff and the PD sworn and non-sworn and how many people

UnidentifiedUnidentified speaker 9Proposed2:46:59

Currently I'm funded for 51 sworn police officers and I have 24, 25 professional staff.

CommentCity Manager'sProposed · by introduction2:47:09

And what's your annual budget?

UnidentifiedUnidentified speaker 9Proposed2:47:11

I have a two-year budget of just under $18 million so nine million a year to run that department

2:47 – 2:5317 turns

CommentCity Manager'sProposed · by introduction2:47:19

So comparatively, we get one. Obviously even if you add the full AFTEs cost comparison there's no comparison. So comparatively I mean we could have a third of his department working in the City of Solvang for the same money

UnidentifiedUnidentified speaker 5Proposed2:47:45

Thank you. No apparent innovation, there's no efficiency. With the cost increase we should see efficiency or innovation and we're just not.

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UnidentifiedUnidentified speaker 9Proposed2:48:19

Well what I would encourage you all to do is go to the police department's website. There is a link to our annual report. Part of our service to this community would be an annual report with everything that we handled, what we did, calls for service, citations, vehicles towed It's all there for you to view and do your research. We also a metric for seeing if we are doing what we're supposed to be doing is every 30 days I get what we call a comp stat report from my staff, a computer statistics report. And that will show you your monthly numbers as well as your annual numbers and whether we're up or down based on crimes in the community.

UnidentifiedUnidentified speaker 5Proposed2:48:59

Okay, so I failed to mention one other thing we're not getting which is transparency and you just answered that in spades. So I mean already it sounds like we're going to just be able to understand very quickly what we would get for our share.

UnidentifiedUnidentified speaker 6Proposed2:49:18

One last question I'd ask that I'm sorry no go ahead I was

UnidentifiedMayorProposed · by role2:49:20

gonna open it up

UnidentifiedUnidentified speaker 6Proposed2:49:21

the one last question I would ask staff is Understanding that we haven't yet negotiated an annual price, what is the startup price? Because if we have to buy vehicles and he has to train people and we've got to do tow trucks. I don't know whatever you need to have. What is that start-up cost? And that's something that I think will need to look at when you get there.

CommentCity Manager'sProposed · by introduction2:49:47

We don't know that yet. That'll be part of the conversation we had with a chief. I'm anticipating a minimum of half million dollars

UnidentifiedUnidentified speaker 6Proposed2:49:56

I would

CommentCity Manager'sProposed · by introduction2:49:56

think so.

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UnidentifiedUnidentified speaker 9Proposed2:50:20

Yeah, to be able to do this I would have to get recruiting and hiring going pretty quick. Um, so that's why my staff at the city and in the city staff are working hard to get you a proposal put together once council, my council currently gives me approved the approval to move forward with that. Uh, we are going to meet all the requested options. Um but uh, and no nothing against the sheriff's department. They're great men and women in that sheriff's department. I love working with them all the time, but this is really about cost. Um, so we will have all those numbers put together so you can make an educated decision for your community as to how you want to proceed forward in the future. Uh, but the biggest that most difficult part we'll have is getting the staff hired based on what numbers we agree upon.

Yeah, I would think so. But I have no problem getting people to work for me right now. We have a, We're almost fully staffed. I have, I just had one officer get off of the field training officer program today. I have three ready to go to the academy in a few weeks and I got two graduating so we're getting people applying for us left and right and what a great community to work in Solvang.

So I don't think it's gonna be a problem. It's just timing and how we do it

UnidentifiedUnidentified speaker 2Proposed2:51:42

Well, I was just going to say you mentioned it because I was going to his transparency and it's good to hear that you've got the tools and resources to give us that information because I feel like we've not had that over the last few years. And I have a lot of questions but I think if Councilmember Infante and I keep asking him, we're spinning wheels because we need you to do the research and look into it and then come back to us and let us know what the numbers are.

UnidentifiedUnidentified speaker 9Proposed2:52:08

My goal would be that I would have a lieutenant out here that would be available to staff and council when you needed it. And if I couldn't be here for you at the council meetings, they would represent me and every month they would have a comp stat report for you so you know how the community is moving forward.

UnidentifiedUnidentified speaker 7Proposed2:52:28

Thank you.

UnidentifiedMayorProposed · by role2:52:30

I'm going to open it up to public comment. I don't have any signed slips. Are there anybody in the room or on Zoom? I don't see any, so I'm going to close public comment and bring it back to the Council. Mr. Murphy has another...

CommentCity Manager'sProposed · by introduction2:52:48

I just want to point out a couple of the council have an appointment with me on Friday to visit the facility in Lompoc mindful of the Brown Act we can't all go together But I can take two of you, and I say we have an arrangement on Friday. I'll be in contact with the remainder of you if you wish to view the facility in Lompoc. It's quite impressive. I saw it a few months ago when there'd been additional improvements since I was there so it's an exciting time but just help frame in your mind what potentially buying...I think it's good to tour the facility

UnidentifiedMayorProposed · by role2:53:31

Let's keep in mind this is exploratory and we're just trying to see, is it worth staff time to pursue it? So that's our item that we're trying to overcome right now on our outcome. But I do see that the staff would like a motion in that regard. I think I see one in the staff report. Did we close public

2:54 – 3:0918 turns

UnidentifiedUnidentified speaker 5Proposed2:54:04

I'll

UnidentifiedUnidentified speaker 6Proposed2:54:11

move that we direct staff to advance the discussions with the City of Lompoc for the provision of police services and engage in negotiations with SPSO for an option for a one-year extension.

UnidentifiedUnidentified speaker 2Proposed2:54:22

And I will second.

UnidentifiedMayorProposed · by role2:54:24

It's been moved and seconded Move forward with staff recommendations and exploration of this. Roll call, please.

Roll-call vote Passed 5–0 Move forward with staff recommendations and exploration of this. Roll call,
Show transcript
Council Member Infante? Yes. Council Member Claudia Roma? Yes. Mayor Pro Tem Smith? Yes Council Member Elizabeth Arona? Yes Mayor Brown? Yes
UnidentifiedUnidentified speaker 1Proposed2:54:46

Motion passes 5-0

UnidentifiedMayorProposed · by role2:54:47

Thank you very much. Thank You Chief We're

moving on to item 8B Would you read that into the record please

UnidentifiedUnidentified speaker 1Proposed2:55:00

Land use and zoning discussion for Mission Santa Ynez, TUP for live entertainment and fees discussion.

UnidentifiedMayorProposed · by role2:55:08

Thank you staff report please

PresenterMr. Eric ScrivenProposed · by introduction2:55:11

Good evening Mayor. So this issue was brought back, originally to the City Council on January 26th of this year and at that time we took public comment as well as questions from the council and it was asked that we return at a later date with additional information after we met with mission staff so city staff did meet with Mission San Yanez staff on May 2nd to discuss Underlying land use, zoning and temporary use permit issues that were on the site. And after that meeting which was extremely productive meeting they didn't have any questions and we walked through what the potential is in terms of the existing uses current and potential future Based on that meeting and based on our original staff report, we are recommending that no changes be made to the land use and underlying zoning as it meets Mission San Yanez's current future needs based on allowed uses and the underlying definition of uses on the site between both the public institutional and the open space zoning.

Second portion of the staff report had to do with live entertainment and TEP, or Temporary Use Permit. So this was again an issue brought up initially in January. A temporary use permit allows for private property to host short-term temporary activities T.O.P.' 's allows for businesses to host live music when it's not the main business, but what is considered an ancillary use. So case in point, Lost Chords is a live music venue that has a conditional use permit and same with the Theater Fest. So those are two examples within our downtown and the village core that has a conditional use permit and those are their primary uses.

So the city staff had created the temporary use permit back as a part of its overall zoning ordinance overhaul in 2024, and when implemented in 2025 to address businesses need to do live music and live entertainment because at the time it was required a conditional use permit which was enacted by the council back in 2021 And it was also upon staff's review. The CUP was an expensive option that typically ran about $3,000 and it was up to the Planning Commission to make a decision as well as there is uneven enforcement of requirements so some businesses knew about the CUP requirement, some didn't. So again we had a host of issues in terms of implementation for the CUP.

A temporary use permit does cost $200, and it takes approximately 1 to 10 business days to process. There is a misnomer out there that some people have in social media and other comments have said it's per event. It's actually not. It is per year, and it can cover multiple events on multiple dates. You can also amend the TUP at no charge if you need to add dates, drop dates, et cetera.

and again the CUP still covers, is still required if live entertainment is a primary use. City staff is currently processing an application for the Al-Asal Cellars on Al-Sal Road to be a nightclub and so that's their primary use so therefore they are required to get a CUP So, we took in the comments into consideration from the January meeting from both the City Council as well as residents' comments.

We put a pause and to sort of enforce into the TUP until this meeting we get direction on but we also did a little bit more digging in terms of you know why What was the original cause for the conditional use permit back in 2021? And noise was the primary issue. Actually, competing wineries was the primary issue between one being one loud and one being the other. So it was decided to CUP to kibosh at all.

But when we look back at really our noise ordinance, the city adopted its noise ordinance back in 2009 based on Santa Barbara County's noise ordinance as a matter of fact word for word No, nothing amended for the city. No exceptions. A complete word-for-word verbatim adoption of the county ordinance. That county ordinance is subjective with limited flexibility for businesses in our tourist based economy and what I mean by subjective it's based on the term nuisance so what's a nuisance to you may not necessarily be a nuisance to me.

I consider you know noisy music past 1130 midnight to be a nuisance some people consider it past 10. It's just all really subjective There are strict time limits for construction noise and actually who can and cannot do work on the weekends based on a noise level. A great example is our noise ordinance does not allow weekend work, period whatsoever. And interesting enough, our work hours does allow for it.

But it also allows for it to be done in the village on weekends and only if they're an owner builder. So it's really odd because that owner builder doesn't really exist these days. It exists way back in the day when people would roll up their sleeves and get something done but nowadays most People use contractors and so, and then there are no clear standards for typical property maintenance. As an example of that is there's no exception in our noise ordinance for when our trash pickup can be done. We get calls about quarterly about trash time about coming at 6 30 7 o'clock most municipalities exempt that Another good example is basic yard maintenance. Most municipalities say that you can't not, thou shall not start a leaf blower until seven o'clock in the morning Ours is completely silent, doesn't exist.

So when someone does have a complaint towards that we basically say there's nothing in the code to prevent that. So again many jurisdictions have moved towards more measurable noise limits utilizing tools at their disposal and those tools include noise meters which we actually do have one on staff and it's based on a decibel level etc. So knowing all this as a background, understanding that the birth of the TUP was done at a staff level decision to help and facilitate our businesses to maintain sort of this quasi ability to have live music while it's not their primary use. We have heard from our business community in terms of it being expensive although I will note that other businesses have received these TUPs And we are, we do process them.

We do review them to make sure that they meet their fire clearances and just sort of get an idea of what they're doing. We are presenting a couple options for the TUP this evening for live entertainment. The first option is keep the TUP process as is so again it's $200 a year We review it just to make sure you hit your occupancy. We run it by our fire department, make sure everything's okay.

We sometimes run it by our sheriff's department with no response and so we just assume they're okay with it but typically in that relationship when you do have a responsive police department they do provide comments in terms of enforcing noise etc. So option one is keep it as-is which means would require TUP Noise ordinance would be enforced the way it's written today. So that kills basically live entertainment at 10 o'clock for the downtown.

The second one is to allow for live entertainment by right, so what that means is we would direct city staff to modify zoning definitions and so that would basically say that a restaurant use would be able to have live music as an ancillary use based upon their ABC license and the noise ordinance will remain unchanged So what that effectively would do is kill the TUP program for live entertainment, because it would make it just a considered an allowed use. And we would modify as required through the zoning ordinance to allow that as an ancillary use and therefore drop the $200 requirement per year for these TUPs for live entertainment.

The third one is sort of the heavy lift one, but it also provides the most clarity and that's update both the noise ordinance and allow for live entertainment. So what this would do is modernize our noise standards, bring those things I've mentioned such as maintenance and other items to be covered, modernize it, streamline it based on decibels, and also really take a look at our noise ordinance based on what our actual economic needs are And that is an understanding that the village, we want it to function past five o'clock. I know that there's been a gripe a lot of folks including myself at times there's nothing to do at five o'clock when I have my friends or relatives ask you what is there to do in solving past five?

For some of them, I can tell them where they can go for a winery to hit up or a bar. Others have a nice night in and so but that's a good change of pace for them. But again it's understanding that there are businesses that do go past 10 o'clock or 11 o'clock and really start making a noise ordinance that fits the city versus just making a copycat of the county's ordinance. But again, this is the heaviest lift because this would require both an amendment for the noise ordinance as well as our land use definitions to allow it by right. But those would work simultaneously and we would suspend the TUP program indefinitely until this comes back to you.

So those are your three options for the TUP to move forward. Finally, as a part of that January meeting we briefly touched on TUP vendor fees. So the TUP event organizer or someone who does a peddler's fair or a maker's market etc., they're required to ensure all vendors have valid business certificates While those business certificates are not issued by the Community Development Department, we do work in unison with Administrative Services.

So a Business Cert is $125 for a new Business Cert, $65 for renewal. This past summer we added the ability for those TUP event organizers on private property to collect $50 per vendor If they don't have a city business certificate, very similar to our special events. So again the primary difference between special events is that special events take place on city property with either the right of way parks etc. TUP takes place on private property so sort of keep in line with the $50 event fee we made that ability for our event organizers to use that instead and this has worked so far except for one organizer So again, an example that you can direct staff to either keep the $50 system or go to an established tiered system which would be for private events only and not for special events.

But that tiered system would look at maybe 1-15 vendors. You get one price and then a lower price of 16-29 and then even lower price at 30 or more. So again those are the sort of that is an option that's available for the TUP vendor fees. So I know it's a lot of information, but again we presented a lot of this back in January and I'm just going to open it up to the City Council for questions.

UnidentifiedMayorProposed · by role3:06:49

Thank you any questions?

UnidentifiedUnidentified speaker 7Proposed3:06:52

I do have a question what's the rationale behind charging $50 per vendor that participates in special events?

PresenterMr. Eric ScrivenProposed · by introduction3:07:00

So the rationale is that they are doing business here in the city. So if you're a brick and mortar, you have to have a business cert. It's the same rationale as but it's a one-off. So if you're doing more say you do three of these events, that's 150 bucks so it makes more sense to just do the business cert and do the one time 125 and then get the annual renewal which is way cheaper. But essentially it's collecting a fee because you were doing business in the City of Solvang.

UnidentifiedUnidentified speaker 7Proposed3:07:29

Okay, so and we collect a fee. What does the fee cover?

PresenterMr. Eric ScrivenProposed · by introduction3:07:35

The business or fee?

UnidentifiedUnidentified speaker 7Proposed3:07:36

I mean, I know it covers you know the registration of the business or whatever but...

PresenterMr. Eric ScrivenProposed · by introduction3:07:43

I'll let Randy handle that one.

CommentCity Manager'sProposed · by introduction3:07:46

Well, all fees are designed that the fee that is charged covers the staff time associated with performing those services. So in a case of a business certificate, the higher amount is because the first time you need to set everything up and then the renewal is half, about half of what the first time fee is. The vendor fee that's charged in these peddler fares and things like that as pointed out many of these are one-time and so it was determined that because of the higher level and responsibility of the event organizer, the amount of staff time is reduced.

So it was an ability or a desire to help make it more affordable for these people that come in usually just once a year. And as Rafael pointed out if they're doing it more than twice it makes sense for them just to get a regular business certificate because that's the choice you either have the business certificate or you pay the vendor fee So and as Rafael also pointed out, most we've done this a handful of times and only one of the event organizers has had an issue with it. So for the most part I mean we even charge it for the makers market that the Christmas event that we have And in that situation it's per week, it's not for the whole period of time. So these individuals that are performing at the Mankers Market at Christmas at the Yule Fest pay $50 per event and that's where the fee came from for the TUP for these private events is because be consistent with that fee.

3:09 – 3:1518 turns

UnidentifiedUnidentified speaker 5Proposed3:09:39

The $50 seems like it's not, it's not proportionate to you know how the length of time they're doing business in this city right relative to what an annual fee would cost. So it feels like you're penalizing or you're discouraging these types of vendors based on the fee cost alone and I didn't hear an answer that said you really just covering your costs do we really know what our costs are to process that application?

CommentCity Manager'sProposed · by introduction3:10:05

And that was part of the fee study that was done a year ago.

UnidentifiedUnidentified speaker 5Proposed3:10:09

So is the answer yes or no? $50?

CommentCity Manager'sProposed · by introduction3:10:12

I have to assume the person that did the study, that's what they analyzed was it's only supposed to cover the cost of providing service

UnidentifiedUnidentified speaker 5Proposed3:10:21

I just wonder if, so I like the idea of tiering because I just remember the one public commenter who came in and said you know even $125 for a cottage industry which we qualify you know a vendor, a street vendor or what are we calling these folks? The market vendor. I think they are looking to, their business model is to keep their costs extremely thin. And their tolerance for something like a $50 fee or $125 fee doesn't take that into consideration. Their tolerance is probably extremely low so what are we doing?

If we want to encourage economically that type of participation in city events, have we given them a proportionate entree? A welcome mat if you will. To come in and participate in Solvang's business model. It doesn't feel proportionate at all.

UnidentifiedMayorProposed · by role3:11:32

The vendors that are one time or three times done They pay sales tax on all the items that they...

CommentCity Manager'sProposed · by introduction3:11:40

They're supposed to.

UnidentifiedMayorProposed · by role3:11:42

Who would collect that?

CommentCity Manager'sProposed · by introduction3:11:44

It's kind of an honor

UnidentifiedUnidentified speaker 5Proposed3:11:46

system,

CommentCity Manager'sProposed · by introduction3:11:47

we don't have a legal obligation to collect it. They're supposed to report it and pay it but

UnidentifiedUnidentified speaker 5Proposed3:11:57

You know, actually here's an idea. Here's a thought what if for the cottage it's called the cottage class because I would you know maybe group in the I can't remember the lady who came in but said you know she sells some wares out of her house did arts and crafts and and it does supplemental income but she couldn't really afford or business license but what if that class of business owners was willing to pay even a reduced fee let's throw out a number 35 per year, but they were willing to show us their annual revenues and we knew they were in that class. Like that kind of a vendor might be willing to show us that, but it just says hey I'm not competing with the rest of the VMU businesses, but you know Solvang do you want me to do business here and i will report not just my revenues but my taxes?

And that might be a model that

UnidentifiedUnidentified speaker 6Proposed3:12:48

I think increase the staff time to go start looking at all these revenues and what taxes they do that's in the 35 bucks won't cover it.

UnidentifiedUnidentified speaker 5Proposed3:12:59

50 yeah, I wish he was here tell us if that would be feasible.

UnidentifiedMayorProposed · by role3:13:05

The feedback I get mostly is that a lot of the pop-ups that they have for the different things most Businesses in town kind of consider them like gypsies. They don't pay rent, they don't have a overhead that the locals have. They're here and gone in a heartbeat. And so it's a fine line here. We appreciate the artistic smorgasbord, being Danish I'll say smorgasbord of items but it's also competitive. A lot of people compare it to The food trucks that show up and now how the restaurants might complain about that vendor or that competition not being equal. But I'm

UnidentifiedUnidentified speaker 3Proposed3:14:11

just going to say that I think we were getting a little bit into deliberation so if we do have questions for staff and then want to make sure we don't forget about public comment

UnidentifiedUnidentified speaker 2Proposed3:14:20

How many TUPs do we have for live music?

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PresenterMr. Eric ScrivenProposed · by introduction3:14:38

This meeting is City staff attempted to find a solution and I'll be the first to fault myself for putting a poor ability to get the word out on why. I just want to know how many

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3:15 – 3:208 turns

UnidentifiedUnidentified speaker 2Proposed3:15:33

I mean, I don't know if you can like give a ballpark.

PresenterMr. Eric ScrivenProposed · by introduction3:15:36

We've had no lodge complaints but we have heard a few of them and again I won't provide names where we can clearly hear the activities that are going on across the street. We have had a couple instances where a few of our bars that are open way later than they should be based on what their If we have 20

UnidentifiedUnidentified speaker 5Proposed3:16:23

TUPs for live music entertainment and we choose option two today, what would we do? Would we refund those

PresenterMr. Eric ScrivenProposed · by introduction3:16:33

fees? We would expire the ones that have been applied for. Those will be expired. We'd put a hold on any code enforcement until that change happens and then we would just move forward from there.

UnidentifiedMayorProposed · by role3:16:51

Going back to, how's this affect the mission land or the zoning there? So as it relates to TEP

PresenterMr. Eric ScrivenProposed · by introduction3:16:59

or... Back in January City Council had asked that you know we and this would originally brought forth in January due to a resident requesting the underlying land use and zoning be back to it. You know rezone back to its original Reservation slash public or slash institutional zone which no longer exists under the general plan, our existing one. And there was a misunderstanding in terms of if they rezoned the property then the TUPs would go away Lisa Mesa

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UnidentifiedMayorProposed · by role3:18:03

Thank you for the opportunity.

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UnidentifiedUnidentified speaker 10Proposed3:18:27

To follow up on our ongoing discussion regarding the temporary use permit and the associated fee requirements for hosting live music. As a small business owner here in Solvang for the past 14 years, I urge this council to eliminate the TUP and fee requirements for live entertainment. Currently these regulations impose a financial burden on small downtown businesses We're operating in an incredibly challenging economic climate yet many of us choose to stay open late, energizing the downtown corridor and hosting live music.

We do this at great personal and financial cost it's not a massive revenue generator rather it is a service we provide to enhance the vibrancy of Solvang for visitors and locals alike. The current permit and fee structure simply isn't justified It serves no structural purpose other than to create bureaucratic hurdles and penalize businesses that are actively trying to keep our town alive and welcoming after 5 p.m..

Furthermore this isn't just about businesses it's about our cultural community by hosting these events we're directly supporting local musicians who are struggling to live their dream making a living in performing their art When the city taxes and regulates these performances out of existence, it's the local artists who suffer first. And I want to be very clear that we want to be good, responsible and respectful neighbors. We completely understand and respect the importance of designated quiet hours instead of an arbitrary burdensome permitting system that stifles culture. The solution lies in updating and enforcing a clear and modern city noise ordinance. Let's regulate the impact of the sound responsibly rather than charge a fee for the mere privilege of having it.

Please let's remove this unnecessary barrier, support our local economy, lift up our musicians and work together on a balanced noise ordinance that protects our neighbors while allowing Solvang to thrive. Thank you.

3:20 – 3:265 turns

CommentDenise AlameenProposedself-stated3:20:46

Hi I'm Denise Ellamine. I'm just confused again, I'm gonna say that you know I have less than common sense so I don't know as much as you guys do because you have common sense. When it said the land use and zoning discussion for mission for the mission at Santa Ynez I'm thinking it's the mission and the lot 72 is contiguous with that mission. So, I was thinking that if you do the TUP live entertainment are we talking about paving lot 72 and making something back there?

It just didn't give enough information for me there On the live entertainment, we talked about two hours ago about our sisters with Denmark. And now we're gonna talk about our, I don't know, our jazz musicians or our sisters with New Orleans, I guess because now we want live music and Loud music and we want drinking and dancing I guess. So, I'm kind of confused are we trying to do Denmark? Are we going to try to do New Orleans?

We really need to stick with one. I'm a residence here. I'm kind of old, I'm past the jazz thing and the dancing and everything. And I'm kinda getting tired of more and more traffic downtown. And i thought we had the park that's live music is that not enough? I'm not understanding why we need more and more live entertainment in Solvang. Thank you.

UnidentifiedMayorProposed · by role3:23:15

What's the typical occupancy maximum for these facilities? patrons and whatnot for the most part, but at some point it becomes commercial and not so much a customer service type of thing. It becomes more commercial depending upon the size and the number of people that want to attend the music event

PresenterMr. Eric ScrivenProposed · by introduction3:24:06

It is clear that at least the way it's defined today is if you're charging a fee. So, that's a big one is if you're charging a fee. Yes, correct. Tip all you want but and most of them, most of the wineries either pay or don't pay I'm

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UnidentifiedMayorProposed · by role3:24:44

Let's say they pay or don't pay, but let's say that they're paid and they have a TUP for this. And their capacity then is overrun. What's the safety aspect of this when they're beyond capacity?

PresenterMr. Eric ScrivenProposed · by introduction3:25:00

So the safety aspect is twofold. One is part of the regulations of the TUP, the fire department can shut that down pretty quickly if it gets spilled over and that's a fire life safety hazard and it's also condition of their TUP as they don't exceed the occupancy that's listed. To be honest, most of the times they don't. These are musicians that are there to play some people go to obviously visit them if they follow them but most time they're patrons and they just go and they happen to have live music and it's hey cool live music I like what he's playing I'll sit around and have another glass of wine Whether it's a paid event or free event is really the distinction.

The distinction just comes down to is occupancy and yes, as you said paid event or non-paid. Once you're in the paid event arena, that's live entertainment CUP zone which we have lowered the fee for that by the way so there is a lower fee now because of the fee that was when examined and as the city managers mentioned it were only supposed to charge a fee what we extinguish time for Thank you very much.

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3:26 – 3:3615 turns

CommentCity Manager'sProposed · by introduction3:26:28

Yeah, I just wanted to comment and I made this statement before. Most rules codes we just had a second reading of a code tonight in the consent calendar that was driven by the misbehavior of one person so many codes rules laws are driven by trying to solve a problem As Rafael pointed out in his presentation, we don't know the circumstances around why our forefathers, foremothers went through the process of adding this particular code.

But the fact remains it was there for a reason. Part of what we do when we issue the TUP is to review the situation of each individual sites. I don't think you have to go too far back in history, I think just this last New Year's Eve of an event, I believe it was in Switzerland where a fire happened or they were being careless with sparklers or the nightclub in New Hampshire someplace about 20 years ago, several people died because a place had put foam rubber on the walls to help dampen the sound. So there's a reason for this code. $200 a year if you break it down is four dollars a week if you do something every weekend and if you do it four days a week it's a dollar a day so I just want to put that in perspective. There's a reason for the code we don't necessarily know why Most of our merchants are paying it, albeit probably reluctantly.

But I just want to again make it clear that it's not cost prohibitive at a dollar a day

UnidentifiedUnidentified speaker 2Proposed3:28:25

I'm sorry, I wanted to ask another question. Maybe I have not read it thoroughly but if there is a violation of noise at ABC Wine Bar or ABC Bar what do we do on the other end? If there's complaints, do we find them? Do we send a letter?

PresenterMr. Eric ScrivenProposed · by introduction3:28:53

It goes through a typical code complaint process, which is review. See if there's any police report, obtain police report and then issue a letter and let them know or remind them what their operating hours in terms of noise would need to be. And if it becomes another issue and another call out, then it becomes another letter. And once the third one comes out, then no change behavior has been completed. That's when the fines start.

But again, our noise ordinance code is based on nuisance which again is the definition that's up to the eye of the beholder versus if you were to go at a decibel approach. If you're looking at changing the noise ordinances there's a clear threshold. You go out there And you have a noise meter and if it reads past the decibel, hey that's a violation. And again depending on how things are set up it could be an instantaneous fine or it goes through the code process like we normally do but at least it's documented that the noise level is beyond the reach of a certain decibel

UnidentifiedMayorProposed · by role3:29:58

level. Is it possible I'm reading the option three and it says Allow live entertainment as a secondary use without a TUP. Could that be modified to say so long as they're not paid or entrance type of thing? Because if they're doing an entrance aspect, if they're charging it's now a business. It's not an ancillary item

PresenterMr. Eric ScrivenProposed · by introduction3:30:31

And that's already in the code today and so we wouldn't, we'd just make sure it all aligns but that would be an option. Most certainly you can provide direction to staff to ensure that is explicitly in there if option three were chosen or even if option two were chosen it'd be the same thing.

UnidentifiedUnidentified speaker 7Proposed3:30:48

Yeah, I would be careful because again codes are written not for the 99% of people that are pleasant or understanding. They're written for the one person that doesn't care on there that I'm going to give you an example There's no pay to charge. The local punk band, Up Your Guts loves to play in very unconventional places and they would love to play for free so again some people might think it's the coolest thing in the world and some people might think that it's a nuisance and while you know I'm not a fan of extra bureaucratic processes and fees you do need some type of way to regulate that kind of thing or at least address it

UnidentifiedMayorProposed · by role3:31:34

I think the ordinance of noise would regulate that more so than what you're thinking from a nuisance perspective and the general capacity of the facility event. But, I don't know. I'm trying to throw out different scenarios in my head and put them out there and see if there's

UnidentifiedUnidentified speaker 5Proposed3:31:56

I think you are onto something. Temporary use permit seems to have a function but we are listening to the business community who's reacted to the cost associated with live music, and live music has become a requirement for many restaurants and wineries in particular at night to encourage more patronage. So I think we want to be careful that we don't create Noisy neighborhoods or you know, I think about wineries. There's multiple Rhino reason one particular Courtyard if they all had live music at the same time that would be crazy So yes We should find a way to enforce and regulate but that seems to be possible through the noise ordinance And maybe we add a layer to that when it's outside as opposed to inside Did we consider that?

PresenterMr. Eric ScrivenProposed · by introduction3:33:00

Our current existing ordinance doesn't make a differential between the two. So we should, most certainly

UnidentifiedUnidentified speaker 5Proposed3:33:07

should because I can think of a few scenarios where that's going to be contentious perhaps but I think we're on to something in the hybrid solution where we're giving an economic deference to live entertainment because we acknowledge it's important especially to keep the wineries uplifted. We have the noise ordinance to govern, you know, to make sure it doesn't run away into something that is a disturbance especially if it's outdoors.

and if we still feel strongly that there needs to be some layer of governance, maybe we reduce the fee because we have heard that economically these restaurants and wineries need a market design that helps them economically. So I'm in favor Giving live music a by right status, keeping the noise ordinance, adding an outdoor layer. And the only thing I would change in this option three is that I don't think I would expand construction hours. I don't think we need to do that. I think we keep the construction hours as is.

I don' hear that for as something we need to address.

PresenterMr. Eric ScrivenProposed · by introduction3:34:29

It would come back with options very similar to what we've done with short-term rentals and the sign ordinances. We would craft something and then, you know, bring it up because I think...I look at it at least from my end, I get it both ways for construction noise. I get it from the resident's standpoint of not hearing anything but then I hear it from the contractor standpoint We can't finish our project fast enough because our noise ordinance is so stringent. And we just happen to be an outlier in the noise ordinance for construction, comparative to municipalities around the coast.

You know, we are really an outlier. But that's another issue for another day with that being said that you know again directing city staff to come back with options for the noise ordinances would be a perfectly sound direction because again as a part of looking back at the noise ordinance we also need to take a look at it from our perspective of We are kind of being forced at this point to do infill development, particularly residential uses. And as we get more entitlement residential uses, we really need to look at it.

I know we have one project for the Planning Commission teed up for June and there's a draft condition that's in there that states We want the landlord to provide their tenants a disclosure notice that they are renting in a mixed-use building, which means that there will be uses that may or may not be allowed during business hours. I

UnidentifiedUnidentified speaker 5Proposed3:36:01

have a sensitivity to that. If you've saved up your money and you're coming to stay in Solvang for a weekend and there's construction, loud equipment on your Saturday and Sunday that that is not okay.

PresenterMr. Eric ScrivenProposed · by introduction3:36:17

We're not talking construction we're just talking regular just you know again you're a tenant in your moving we're not talking structure we're just talking regular operation hours and so these are considerations that would need to be the

UnidentifiedUnidentified speaker 5Proposed3:36:27

sentence does say limited weekend work allow limited weekend

PresenterMr. Eric ScrivenProposed · by introduction3:36:31

right and again those would be options we'd bring back based on the direction

3:36 – 3:4234 turns

UnidentifiedUnidentified speaker 5Proposed3:36:38

I just want to say one more thing and then I would say leave TUP in place, eliminate the requirement for a live

UnidentifiedUnidentified speaker 6Proposed3:36:44

entertainment.

UnidentifiedMayorProposed · by role3:36:53

You said for free entertainment so what about paid entertainment?

UnidentifiedUnidentified speaker 5Proposed3:36:57

Well paid entertainment I think falls under CUP that's what I understood right so if it's paid entertainment it's in its own class and they need CUP

UnidentifiedMayorProposed · by role3:37:05

It's already accounted for.

UnidentifiedUnidentified speaker 3Proposed3:37:08

Your comment clarifies that the TUP as a permit would still exist but you wouldn't need to get one for live entertainment? That is what

UnidentifiedUnidentified speaker 5Proposed3:37:19

I am saying, yes.

UnidentifiedUnidentified speaker 3Proposed3:37:25

I'm saying that the temporary use permit is used to approve a lot of temporary uses and so that as a Permit type would still exist in the zoning code But the direction we're asking is whether you want to still require it a temporary use permit for Live music that doesn't have a cover charge, right?

UnidentifiedUnidentified speaker 5Proposed3:37:44

Yeah Like let's say they do a festival down Copenhagen and they want like two bands of live music on either side TUP would be the vehicle for that

UnidentifiedMayorProposed · by role3:37:53

what about soloist that want to play the violin on a sidewalk.

PresenterMr. Eric ScrivenProposed · by introduction3:37:59

That's a matter completely different from a TUP. I understand

UnidentifiedMayorProposed · by role3:38:03

that, but it's free music

PresenterMr. Eric ScrivenProposed · by introduction3:38:04

is

UnidentifiedMayorProposed · by role3:38:04

what I'm saying. It's free music and it's within the noise ordinance. What's the story there?

UnidentifiedUnidentified speaker 3Proposed3:38:12

We're working on a busking ordinance. It's in the queue.

PresenterMr. Eric ScrivenProposed · by introduction3:38:15

Thank you, Chelsea. Yeah, we've identified that already as an issue so we are working on that but that is completely different subset altogether. Okay

UnidentifiedMayorProposed · by role3:38:28

I think this staff would like a motion for direction

PresenterMr. Eric ScrivenProposed · by introduction3:38:34

Yeah, so just to just to clarify it sounds like I'll make the motion. I'll make the motion if you and then we also so there are three items that we need to cover. So I will go one by one first is recommending to leave mission standing as zoning and land use as is as it is today Yeah, you want this all in one motion or do you want... Just the first direction is direct staff to just let it be. I think we'll agree

UnidentifiedUnidentified speaker 7Proposed3:39:01

with that.

PresenterMr. Eric ScrivenProposed · by introduction3:39:03

Okay second one would be the live entertainment. We've provided three options so I'll turn it to council on those three options.

UnidentifiedUnidentified speaker 5Proposed3:39:12

So I'm making the motion to go with a modified option 3 where we would still keep the TUP For all uses other than live music, we would update the noise ordinance and include a layer for outside versus inside live music.

PresenterMr. Eric ScrivenProposed · by introduction3:39:31

Correct, so we would bring something back again very similar to the short-term rentals where we do a draft ordinance for you and then we give a couple options of decision points.

UnidentifiedUnidentified speaker 5Proposed3:39:39

Right and then you'll bring back options on the construction?

PresenterMr. Eric ScrivenProposed · by introduction3:39:42

That would all be included as one comprehensive change because it would affect a couple sections and we'd bring it all as one and then at that point will bring a couple other changes that need to be done in municipal code that have been directed by this council over the last year

UnidentifiedUnidentified speaker 7Proposed3:39:58

Okay, and are we doing anything regarding noise level? Something

PresenterMr. Eric ScrivenProposed · by introduction3:40:01

objective. We would include that as a part of the noise ordinance revisions but it sounds like option three is what's being directed to staff to do and I do want to be on the record that we will pause TUP enforcement at this point until that ordinance gets brought to

UnidentifiedUnidentified speaker 3Proposed3:40:14

you. Just it was a motion so if we want to do it with a formal motion we have a motion on the table.

UnidentifiedMayorProposed · by role3:40:23

Thank You chair. It's been moved and seconded to approve option or have staff move forward with option three. Roll call, please.

Roll-call vote Passed 4–0 move forward with option three. Roll call,
Show transcript
Council Member Infante? Yes. Council Member Claudia Rona? Yes. Mayor Pro Tem Smith? Yes, Council Member Elizabeth Rona yes mayor Brown yes
UnidentifiedUnidentified speaker 1Proposed3:40:46

motion passes 5-0

PresenterMr. Eric ScrivenProposed · by introduction3:40:47

okay the last item the direction is for the vendor fee so again we have a $50 vendor fee it's usually one time or direct staff to explore a tiered vendor fee for private events

UnidentifiedUnidentified speaker 7Proposed3:41:03

I can't imagine anything in the city costing less than $50 to cover a process. I understand how it's cost prohibitive if you are an artisan, but on the other side you do have businesses that pay local fees and business licenses and insurance and all the things that it involves to operate brick-and-mortar so if you compare that to somebody that I just have a question. Was in your idea for a tiered structure, would the lowest tier be below 50? You didn't specify what the cost would be.

Yeah we didn't specify it

UnidentifiedUnidentified speaker 5Proposed3:41:37

because we'd have to get direction to explore it and then they would come back to the council Is there a floor to our costs? You can always charge a fee that is less, you don't have

PresenterMr. Eric ScrivenProposed · by introduction3:42:03

to recover 100% of your cost. That would be a policy decision if you directed us to bring that back. It does introduce more

UnidentifiedUnidentified speaker 3Proposed3:42:07

administration effort to manage tiering I think.

3:42 – 3:4725 turns

UnidentifiedMayorProposed · by role3:42:29

There again, it's a enforcement issue. If they're 16 instead of 15 and that's a cut off, I mean how much? It's always an enforcement issue for all this stuff.

PresenterMr. Eric ScrivenProposed · by introduction3:42:47

It is, and like I said everyone that's done the peddler fares we've only had one that has really balked at the fee. The others we've actually you know allowed them to give us a list and they collect them and if a couple stragglers they collected the day of and they give it to us the next business day It is worth noting that we are talking about TUP fees.

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UnidentifiedUnidentified speaker 5Proposed3:43:31

It's not 125. Just if we're considering economic development, cost coverage but also are we encouraging business and being competitive I think that one is a benchmark for us we should pay attention to.

PresenterMr. Eric ScrivenProposed · by introduction3:43:50

And I agree. And I think the TUP with live entertainment now being directed to be folded into the zoning ordinance, we are going to see a drop in terms of TUP applications and really just go back down to the one off a sidewalk sale or a peddler fair, et cetera. And that's all we'll really see. When does

UnidentifiedMayorProposed · by role3:44:08

it become a special event?

UnidentifiedUnidentified speaker 7Proposed3:44:25

It's going to depend on how much law enforcement and security do you need. Are you doing any barricades? So it can vary from somebody that's done events from $500,000 to $25,000 or more depending.

PresenterMr. Eric ScrivenProposed · by introduction3:44:43

And so case in point, a great TUP is the 4th of July. They are 501c3 so the fee got waived for them but we did process it like normally do and so their fee was waived because that 4th of July event, the fireworks event where everyone goes to it actually is a fundraiser I'm looking for a ballpark. Where does a special event cost start?

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UnidentifiedUnidentified speaker 7Proposed3:45:17

Again,

UnidentifiedMayorProposed · by role3:45:18

it

UnidentifiedUnidentified speaker 7Proposed3:45:18

depends. $500 to $500,000 depending

UnidentifiedMayorProposed · by role3:45:21

on the scale of the event. I'm going back to Elizabeth's point about special events and what comes here and what goes to Buellton if it's because their special event is significantly different or whatnot. but that's you know I'm getting outside the scope of what

CommentCity Manager'sProposed · by introduction3:45:38

I was just going to point out a special event fees are part of the next one of the next items about the CPI on on the fees five one c3 nonprofit application Limited site plan, $181. Events that require street parking lot closures, site plan review etc., 309. So and then there's other factors and there's multipliers and whether or not they have law enforcement so it's kind of all over the place but it's dependent on each individual event

UnidentifiedMayorProposed · by role3:46:14

I agree with Councilmember Arona about keeping her eye on that. Let's go back to our action here, the TUP vendor fees. I'm open to a motion for staff direction.

PresenterMr. Eric ScrivenProposed · by introduction3:46:36

You can just give direction to say keep it at $50 or do a tiered. Work on it, okay. Well that would mean that we'd come back and explore it here. Yeah please.

UnidentifiedMayorProposed · by role3:46:46

I yeah I don't think you need to go into the tier aspects of it.

UnidentifiedUnidentified speaker 7Proposed3:46:50

So are we keeping it as it is? Or are we working on it? We're keeping it as it is!

UnidentifiedUnidentified speaker 5Proposed3:46:55

I'm gonna say we keep it as it is.

UnidentifiedUnidentified speaker 7Proposed3:46:56

Keep it as

PresenterMr. Eric ScrivenProposed · by introduction3:47:02

Thank you very much, I really appreciate the time and well as the direction. And you're keeping me busy.

UnidentifiedUnidentified speaker 7Proposed3:47:09

I'm excited to book the health repairs at my patio after hours.

UnidentifiedUnidentified speaker 6Proposed3:47:12

Yeah!

UnidentifiedMayorProposed · by role3:47:13

And some music.

UnidentifiedUnidentified speaker 6Proposed3:47:16

We're keeping all the staff up, ya know?

UnidentifiedMayorProposed · by role3:47:19

Yeah we gotta get moving here. Item 8C would you read that into the record please?

UnidentifiedUnidentified speaker 1Proposed3:47:26

Discussion and Direction to Establish a Utility Rate Committee Review Committee

3:47 – 3:5317 turns

UnidentifiedMayorProposed · by role3:47:33

Okay, staff report please.

PresenterJose AcostaCity of SolvangProposedself-stated3:47:37

Good evening Mr. Mayor, members of the council, members of the public again Jose Acosta utility director here with the City of Solvang. This evening we're bringing an item for discussion and direction to establish a URRC, the Utility Rate Review Committee. We're looking to... The staff has recently released an RFP Initiate comprehensive water and wastewater rate study to evaluate the existing rate structure, operational needs and long-term financial sustainability.

As we discussed earlier the end of the last rate study is the last implementation of any rate increases as this July 1st for the last five year rate study so we're looking to establish and review another rate study which could be anywhere from one to five years based off a council feedback We're looking to include the public into this process this time. Randy visited with a neighboring city up north, and they took this approach as well and it worked out very well for them.

We know that one of the goals is transparency for the public so we want to get them involved have more public forums. The last rate study we had was during pandemic so we had one public forum which was virtually. And so this time it gives some members public to be able to sit on this committee, council members to sit on the committee, the rate consultant, city manager, financial manager and also utility director.

The committee would function in an advisory capacity only. They would not have any decision-making authority, and I just want to emphasize that so that way Council is aware of that. All the items that will be discussed will be brought back to council meetings after the committee's meetings to review and discuss what was presented to the committee, what was discussed at the committee and what was recommended or considered by the committee members and the council members on that committee as well.

The consideration for the committee composition, we're looking at having a nine member committee. We'll have two council members on this committee three members of the public again staff would be the rate consultant Randy utility director and financial manager as well. We can modify that number for community members if we want to consider that but right now the recommendation is for three community members The scope and responsibilities of the URRC would be to evaluate the utility operations or regulatory requirements, CIP needs, cost of service and rate design alternatives, funding strategies and long-term financial planning, public communication and outreach approaches.

Discuss and evaluate alternative service delivery models including potential privatization of one or both utility systems, water and or wastewater with consideration of operational financial and policy implications. The meeting structure and duration staff is anticipating the URRC would meet four to six times throughout the rate study process. We would align the meetings with key milestones throughout the process and conduct meetings that are publicly noticed and open to the public as well.

Again, we want to emphasize that we want this to be a transparent process and have plenty of public engagement. So the meetings would be publicly noticed and accessible, include supporting materials made available in advance as far in advance as possible, and provide opportunities for public comment and participation. The next steps would be for City Council, would be for staff to form this committee similar to current committees that are formed for other considerations with the city.

We will develop a recruitment and selection process for community members, coordinate with the selected rate consultant to establish a meeting schedule, prepare materials and facilitate URRC meetings, and return to council with updates as the rate study progresses. So tonight we're asking for Council to provide direction to City Manager to form the URRC and do we select who sits on the committee this evening? We had asked for volunteers from the council, yes.

UnidentifiedMayorProposed · by role3:51:54

Thank you. What would be your anticipated timeline?

PresenterJose AcostaCity of SolvangProposedself-stated3:52:00

So we're, for the RFPs recently is being solicited right now for services for the rate study consultant. We're looking to make a selection of the rate consultant by the end of June bringing that back to council to award in that contract. We want to have the draft prepared for council consideration in May for feedback and then May of 2027 Because adoption would be June of 2027 for the next rate study. So we have, if we move quickly enough that gives us at least 10 months to work on this set up several meetings once a month and get plenty of feedback and discussion throughout that process.

I don't want what we want to avoid is rushing this through not doing a comprehensive study and not getting plenty of feedback from council or from the public as well.

UnidentifiedMayorProposed · by role3:52:45

But utilities is water and sewer?

PresenterJose AcostaCity of SolvangProposedself-stated3:52:48

Water and wastewater and sewer. There are three components, so yes.

UnidentifiedUnidentified speaker 5Proposed3:52:53

So this is a nine-month commit? Rough and tough?

PresenterJose AcostaCity of SolvangProposedself-stated3:52:56

Rough and tough about nine month commitment.

UnidentifiedUnidentified speaker 6Proposed3:52:59

For four meetings?

PresenterJose AcostaCity of SolvangProposedself-stated3:53:01

Four to six meetings I put in there four to six it could be seven depending on what's being discussed what's being considered what's been directed to the consultant to bring back for consideration. Okay

UnidentifiedMayorProposed · by role3:53:12

Mr. Murphy

CommentCity Manager'sProposed · by introduction3:53:13

I just wanted to point out rather than say you are our CEO with time, we'll call it the IRC. We did consider an acronym that

UnidentifiedMayorProposed · by role3:53:25

was CRAP

UnidentifiedUnidentified speaker 5Proposed3:53:25

but that

CommentCity Manager'sProposed · by introduction3:53:26

was

UnidentifiedUnidentified speaker 5Proposed3:53:26

maybe offensive to some so IRC makes the most sense. Maybe we

CommentCity Manager'sProposed · by introduction3:53:28

will get IRC to be our spokesperson

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3:53 – 3:5915 turns

UnidentifiedMayorProposed · by role3:53:41

I have

UnidentifiedUnidentified speaker 2Proposed3:53:42

one speaker.

CommentDenise AlameenProposedself-stated3:54:01

Hi my name is Denise Ellamine. Jose, I remember you from back in 2019-20 22 whenever and then you left and you went to work for Santa Barbara and picked up some of their bad habits and now you're back in Solvang. When you talked the last time, I mean, I felt like it's Groundhog Day when you gave the discussion about when our rates increased in 2022. It was because of the sewage And I used the wrong term, I said that we were out of compliant and we're not out of compliance.

We have some discrepancies so I will start using that word discrepancies. So what I'm saying is, what do we need another committee for? I have yet to see a committee for Solvang do anything that's worth doing anything. And you've been here back and forth, so you've been on plenty committees and you know a lot. So I'm trying to figure out why... I don't get the need of... Would

UnidentifiedMayorProposed · by role3:55:26

you please direct your concerns to the board?

CommentDenise AlameenProposedself-stated3:55:29

Well,

UnidentifiedMayorProposed · by role3:55:29

I thought

CommentDenise AlameenProposedself-stated3:55:29

I

UnidentifiedMayorProposed · by role3:55:29

would do it to the person who gave it to me. No ma'am. We'll be making the recommendations.

CommentDenise AlameenProposedself-stated3:55:34

I am so sorry Dave Brown, I apologize.

UnidentifiedMayorProposed · by role3:55:36

The board up here, you're not going to

CommentDenise AlameenProposedself-stated3:55:37

pick on any one of our people. Thank you. I understand. So I'm wondering, the City Council when you pick this committee are you going to be picking the same people that you always pick or will you pick new residents? New faces. New people with different approaches. That would be nice. Thank you.

UnidentifiedMayorProposed · by role3:56:12

All right, is there anybody else on Zoom or elsewhere? Very good I am going to close it to public comment and bring it back to council and Mr. Murphy you had a question?

CommentCity Manager'sProposed · by introduction3:56:25

I just wanted to comment Jose hit it when he said we're trying to improve transparency too many times these decisions are made in a vacuum And we're trying to make sure the public understands the rate increase is not, there will be an increase. How much of it hasn't been determined yet but as we just saw the presentation about the finance options, we don't have enough revenue to cover that payment yet so we're gonna need to increase it. Like I said, we don't know how much that's gonna be analyzed.

There are other factors with privatization as a possibility Is that what might be palatable? We've done this committee idea since I've been here now. This is the kind of a second iteration we have the Urban Growth Boundary Exploration Committee, the UBEC, that is currently underway and we've had a couple of meetings. We have another one I think later this week It is comprised of 13 including two council members and 11 public, most of whom have never been on a city committee yet.

You know before now so we are looking for people that are not currently involved it is strictly volunteer assuming we get the direction from Council tonight We'll get something online and advertised in the newsletter, that kind of stuff coming up. So if anybody who is listening or watching the video later on has an interest reach out to us. You know we currently have three members of public but if council thinks that should be a little bit more, a few more people then we could certainly consider that.

UnidentifiedMayorProposed · by role3:58:19

Very well questions or recommendations?

UnidentifiedUnidentified speaker 5Proposed3:58:23

I think I just want to make a couple comments. I'm encouraged by the number of new public members that we have on all of our committees and I've seen new faces, high levels of participation, a lot of care coming from our community which is really encouraging. This one... We might have to fight people off because it is about rate increases. It's about your pocketbook and we really need to do the work to ensure sensitive to how much people can tolerate these cost increases. And I would just say we do get productivity gains, we do get benefit out of the public participating in these work groups and I would want to make sure we do what we can to continue to encourage that.

3:59 – 4:0447 turns

UnidentifiedMayorProposed · by role3:59:26

I think there is one here.

PresenterJose AcostaCity of SolvangProposedself-stated3:59:54

Yes, and if I can real quick... Or do

UnidentifiedUnidentified speaker 5Proposed3:59:56

we have a motion? Do we have to provide a motion?

PresenterJose AcostaCity of SolvangProposedself-stated3:59:59

If I can real quick, I just want to emphasize we're looking to do this to inform and educate the public on the whole process. Why rates are needed? Why they're in place? Why considerations for future increases or no increases? We want to make sure that the public has plenty of time to hear all those options. And as Randy pointed out, we have other considerations that are recently being brought forward which is privatization or other tax measures or consideration so we want to have that out there for the public to be informed and educated on.

UnidentifiedMayorProposed · by role4:00:29

Thank you.

UnidentifiedUnidentified speaker 3Proposed4:00:30

And to your question Madam Arona, it would be a motion to create establish the committee and then volunteers too.

UnidentifiedUnidentified speaker 5Proposed4:00:40

So do we need volunteers first or the motion? Motion

UnidentifiedUnidentified speaker 3Proposed4:00:42

first. All right

UnidentifiedUnidentified speaker 5Proposed4:00:44

so I'll make a motion to establish the committee.

UnidentifiedUnidentified speaker 6Proposed4:00:47

I'll second it.

UnidentifiedMayorProposed · by role4:00:49

It's been moved and seconded for approval or movement established of the committee in item 8C roll call please.

Roll-call vote Passed 4–0 moved and seconded for approval or movement established of the committee in item 8C roll call
Show transcript
Councilmember Infante? Yes. Council Member Claudia Rona? Yes. Mayor Pro Tem Smith? Yes, Council Member Elizabeth Rona yes. Mayor Brown? Yes
UnidentifiedUnidentified speaker 1Proposed4:01:06

motion passes 5-0

UnidentifiedMayorProposed · by role4:01:07

thank you do we have any volunteers for that this new committee

UnidentifiedUnidentified speaker 2Proposed4:01:12

I'm happy to volunteer

UnidentifiedUnidentified speaker 5Proposed4:01:16

I'm probably gonna go to the meetings anyway These are not going

UnidentifiedMayorProposed · by role4:01:25

to be Brown Act meetings because there's less than two of us.

UnidentifiedUnidentified speaker 3Proposed4:01:32

They actually, they will be Brown Act meetings because there it's a combined with members of the public and non-council members. So an ad hoc committee is the only type of member committee that you all can join that's not subject to the Brown Act open meeting requirements and one of the requirements for an ad hoc is that it be solely comprised of less than majority of the body legislative body so the fact that this is a joint A committee that includes members of the public, staff and council members even though less than a majority. It's essentially a standing committee and it would be Brown Act

UnidentifiedMayorProposed · by role4:02:08

meeting.

CommentCity Manager'sProposed · by introduction4:02:14

Because we don't want it to be a Brown Act. That doesn't have the flexibility, so that was why we only asked for two members

UnidentifiedMayorProposed · by role4:02:21

of the council. I think that's why it's also a review committee and it states that there's no policy. There's no decisions.

UnidentifiedUnidentified speaker 3Proposed4:02:31

In the staff report it says they'll be publicly noticed and accessible, so I assumed you guys wanted to do Brown Act meeting?

UnidentifiedMayorProposed · by role4:02:36

No.

CommentCity Manager'sProposed · by introduction4:02:36

We intend to keep the public informed but not with the requirements of the Brown Act

UnidentifiedUnidentified speaker 3Proposed4:02:44

So you don't want members of the public to serve on the committee?

CommentCity Manager'sProposed · by introduction4:02:50

Yes.

UnidentifiedUnidentified speaker 3Proposed4:02:51

Then the only way to do that is as a Brown Act.

CommentCity Manager'sProposed · by introduction4:02:53

How do we avoid that with the UBAC?

UnidentifiedUnidentified speaker 3Proposed4:02:57

That is a Brown Act committee, I think,

UnidentifiedUnidentified speaker 6Proposed4:02:58

right?

CommentCity Manager'sProposed · by introduction4:03:00

It hasn't

UnidentifiedUnidentified speaker 6Proposed4:03:00

been

CommentCity Manager'sProposed · by introduction4:03:00

really discussed

UnidentifiedUnidentified speaker 6Proposed4:03:01

about

UnidentifiedMayorProposed · by role4:03:03

that. We'll postpone appointments until after we get an attorney review on the methodology that will be provided

CommentCity Manager'sProposed · by introduction4:03:13

Not that we don't want to be transparent about it, but just the 72 hours notice and all those things

UnidentifiedUnidentified speaker 6Proposed4:03:21

is

CommentCity Manager'sProposed · by introduction4:03:22

overly restrictive for what we're seeking.

UnidentifiedUnidentified speaker 3Proposed4:03:25

You can create an ad hoc committee and the committee can meet with members of the public and staff, but if you want certain members of the public to be appointed to the committee and staff members to be appointed to the committee...

CommentCity Manager'sProposed · by introduction4:03:40

Council is not appointing the members of the public, staff is selecting them.

UnidentifiedMayorProposed · by role4:03:44

Actually they're volunteers

UnidentifiedUnidentified speaker 5Proposed4:03:46

because

UnidentifiedMayorProposed · by role4:03:47

we're not appointing anybody. We're asking for volunteers

UnidentifiedUnidentified speaker 5Proposed4:03:49

here. The public's being appointed?

UnidentifiedMayorProposed · by role4:03:52

I don't think the public will be appointed either. I think they'll be selected by staff. Right.

UnidentifiedUnidentified speaker 3Proposed4:03:58

Again if it's a committee that's created by council which was just the motion created and there's not...

CommentCity Manager'sProposed · by introduction4:04:05

Then I move we undo that and just have a couple of volunteers.

UnidentifiedMayorProposed · by role4:04:11

It was also under the city manager's direction. I don't want to make a motion to avoid

4:04 – 4:1020 turns

UnidentifiedUnidentified speaker 7Proposed4:04:30

Can we do that? Because we haven't given 72-hour notice.

UnidentifiedMayorProposed · by role4:04:36

Well, this meeting is... I move that we get rid of the last motion. Hang on. I'm trying to get direction from council. Yeah, because if

UnidentifiedUnidentified speaker 7Proposed4:04:44

we just created it and now we're going to talk about dissolving, do we need 72 hours to let the public know?

UnidentifiedMayorProposed · by role4:04:52

Adopt resolution 261318, updating certain user and regulatory fees for various city services to apply the previously adopted annual inflationary adjustment. Staff report please.

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UnidentifiedUnidentified speaker 11Proposed4:05:25

All right, good evening Mr. Mayor members of the council and there's no public so as of April 28 2025 Council adopted resolution 251282 adopting the user and regulatory fee schedule The fee study was created by, completed by Clear Source Financial and with that resolution it included a CPI adjustment of the Los Angeles Long Beach Anaheim area beginning July 1st of each year.

And what that means is we take the CPI, the annual CPI increase and we apply that to the fee schedule I had an issue with fee study and fee schedule. If you look at the fee schedule, it says in a column to the right it will have a yes, a Y by it which means yes, it is subject to the CPI increase. So the methodology stays consistent with the original fee structure that was adopted last year.

And it keeps pace with the inflation, supports service cost recovery, avoids large periodic fee increases and reflects rising operational costs. It reduces the general fund subsidiary pressure, supports sustainable city services and protects long-term operational stability. So if you approve the resolution tonight the new fee schedule will be effective July 1st 2026 Are all these fees currently existing? Yes. There's no new fees in the study that you've given us?

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UnidentifiedMayorProposed · by role4:07:48

The exemptions to the CPI are denoted by

UnidentifiedUnidentified speaker 11Proposed4:07:53

an N.

UnidentifiedUnidentified speaker 6Proposed4:07:57

Do you change if the CPI changes mid-year? Do you adjust or do you keep it at the CPI that we just set up?

UnidentifiedUnidentified speaker 11Proposed4:08:06

We keep it at the CPI and it's only adjusted one time per year.

UnidentifiedUnidentified speaker 5Proposed4:08:14

Wendy, how did we decide which ones were exempt? Which fees were exempt from CPI?

UnidentifiedUnidentified speaker 11Proposed4:08:19

The Clear Source Financial, they did that based on the time spent to recover those. Like the time spent like for those costs there isn't any like legality to increase those fees.

UnidentifiedUnidentified speaker 5Proposed4:08:41

So we're in compliance with how it gets applied in Los Angeles and Anaheim and everywhere else is that the case? Yes. Okay

UnidentifiedMayorProposed · by role4:08:49

Is there another CPI to our local market? Or is it for a metropolitan area that we would

UnidentifiedUnidentified speaker 11Proposed4:08:59

be

UnidentifiedMayorProposed · by role4:09:00

better served.

UnidentifiedUnidentified speaker 11Proposed4:09:00

I know this one is the standard one that most cities use around here, I don't know for the bigger cities.

UnidentifiedMayorProposed · by role4:09:07

If San Francisco's are better used or if there's one for Monterey area, Central Coast.

UnidentifiedUnidentified speaker 3Proposed4:09:18

I was just clarifying with Wendy that the CPI that is being used was part of the recommended study that was done previously and then It was that CPI specifically referenced in the last year's resolution that authorized these escalator changes. And so we're really just sort of confirming and showing like an updated fee schedule reflecting the escalators that you already adopted last year.

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UnidentifiedMayorProposed · by role4:09:53

And we would go through this process each year?

UnidentifiedUnidentified speaker 11Proposed4:09:56

Yes, thank you. And then like every five years you do another study just to make sure that you're still compliant?

4:10 – 4:1721 turns

UnidentifiedUnidentified speaker 3Proposed4:10:07

Because we still, even though we're doing these escalators, we still are under the obligation to not charge fees that are higher than our actual costs. So the assumption is that CPI, your costs are escalating with CPI but then every five years or so you want to check to make sure that was an accurate assumption and that we didn't go too high.

UnidentifiedUnidentified speaker 11Proposed4:10:26

Yeah. You can't charge more than what it actually costs.

CommentCity Manager'sProposed · by introduction4:10:33

I was going to comment that the reason for the five-year review is obviously technology improvements, something we did need to type manually. Now we have computers, we have copiers that used to do mimeograph machines and all the different things that happen so we do need to review it on a regular basis because there may be fees with the CPI especially that were charging are too high.

You know, conversely it might be not charging enough because something happened the legislation changed and we don't have to do another process so...

UnidentifiedMayorProposed · by role4:11:14

It wouldn't surprise me if we're doing this we just have AI do it years from now. If there's no other question I'm gonna open up the public comment. Is there anybody on Zoom or anybody in the audience? Seeing none, I'm going to close public comment and bring it back to council for further discussion. Any questions? It seems like you've presented it well and we'll move ahead.

I'll encourage a motion from anybody that wants to move it forward

UnidentifiedUnidentified speaker 6Proposed4:11:59

I'll make a motion that we approve the recommendations of resolution 261318 by applying the above reference CPI adjustment. Any

UnidentifiedMayorProposed · by role4:12:12

second?

UnidentifiedUnidentified speaker 7Proposed4:12:13

I'll second it.

UnidentifiedMayorProposed · by role4:12:15

It's been moved and seconded to approve staff report for Resolution 261318, item 8D. Roll call please.

Roll-call vote Passed 4–0 moved and seconded to approve staff report for Resolution 261318, item 8D. Roll call
Show transcript
Councilmember Infante? Yes. Council Member Claudia Rona? Yes. Mayor Pro Tem Smith? Yes, Council Member Elizabeth Rona yes mayor Brown yes
UnidentifiedUnidentified speaker 1Proposed4:12:35

motion passes 5-0

UnidentifiedMayorProposed · by role4:12:37

thank you now before we move forward or backwards it's past the witching hour of which wish we need a motion to either continue with the agenda

UnidentifiedUnidentified speaker 6Proposed4:12:48

or I'll move that we continue with the agenda and get this over with

UnidentifiedUnidentified speaker 1Proposed4:12:52

I'll second it

UnidentifiedMayorProposed · by role4:12:54

roll call please

Roll-call vote 1–1 move that we continue with the agenda and get this over with I'll second it roll call · 2 under review
Show transcript
Councilmember Infante? Yes. Councilmember Claudia Rona? No. Mayor Pro Tem Smith? Yes. Council Member Elizabeth Rona. No. Mayor Brown?
UnidentifiedUnidentified speaker 1Proposed4:13:21

All votes are final

UnidentifiedMayorProposed · by role4:13:22

Is there a reason why it would need to be done today?

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UnidentifiedUnidentified speaker 11Proposed4:13:43

Yes, because the RFP went out I think in January and we received 21 proposals and we haven't let those RFP proposal submitters know that they are not in the running. And we need to get started because it's going to take probably six to nine months

UnidentifiedMayorProposed · by role4:14:11

We are going to get clarification on the committee

UnidentifiedUnidentified speaker 1Proposed4:14:15

that we appointed in item 8 C.

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UnidentifiedMayorProposed · by role4:14:37

I'm reopening that item 8C.

UnidentifiedUnidentified speaker 3Proposed4:14:49

What type of committee or body counts as a legislative body under the Brown Act and therefore subject to those open meeting requirements? And then the second is procedurally what to do under Rosenberg's Rules of Order with the motion that was already granted. Under the government code, a legislative body under the Brown Act and therefore subject to the open meeting rules includes any commission committee board or other body of the local agency whether it's permanent temporary decision making or advisory created by charter ordinance resolution or formal action of the legislative body.

And there's a narrow exception to that. So if council is going to create it, the only exception to that is that advisory committees comprise solely of members of the legislative body that are less than a quorum are not legislative bodies unless they have continuing subject matter jurisdiction. You all can create an ad hoc committee of two of you, but that committee has to solely consist of only those two members. That ad hoc committee can meet with other members of the public or staff as part of their process, but the members of the committee can only be the two councilmembers.

If Randy creates a body and includes less than a majority of you and members of the public and staff, that's not a Brown Act body. The committee that you all just created is a Brown Act body, because it would include two of you and members of staff the way that it was just adopted. So procedurally if you wanted to undo that then you would need to make a motion to reconsider that motion And that if you want to do that, it does have to be done at the same meeting as the initial motion.

UnidentifiedUnidentified speaker 5Proposed4:17:04

We're still in the clear. Can I make a motion to reconsider our creation of a URRC committee?

4:17 – 4:2214 turns

UnidentifiedMayorProposed · by role4:17:19

Based on the new information, I'll second that.

UnidentifiedUnidentified speaker 5Proposed4:17:25

The

UnidentifiedMayorProposed · by role4:17:25

motion is to rescind

UnidentifiedUnidentified speaker 5Proposed4:17:26

the

UnidentifiedMayorProposed · by role4:17:26

previous action of developing the Utility Rate Review Committee. We've got the procedural stuff out of the way.

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UnidentifiedUnidentified speaker 1Proposed4:17:50

Now I think it's just a nod

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UnidentifiedUnidentified speaker 3Proposed4:18:18

So staff can go forth and do that, and then we know we have volunteers.

UnidentifiedUnidentified speaker 5Proposed4:18:23

So Randy can ask for volunteers then? And we don't need to make any more decisions as a council?

UnidentifiedUnidentified speaker 3Proposed4:18:29

You should not because it'll start being a Brown Act committee again.

UnidentifiedUnidentified speaker 5Proposed4:18:33

Turning my mic

CommentCity Manager'sProposed · by introduction4:18:34

off. I'll assume the same two volunteers are interested so... We could move forward thank you.

UnidentifiedMayorProposed · by role4:18:40

Staff has direction for that item 8C Thank you for researching that a little further. Okay, we're going to finish up with item 8E. Would you read that into the record please?

UnidentifiedUnidentified speaker 1Proposed4:19:01

Award contract to Tom Jones and Associates for website design services and content management system.

UnidentifiedUnidentified speaker 11Proposed4:19:09

All right, thank you for extending the meeting. So we originally wanted to move forward with a new website to be ADA compliance because they had that DOJ had imposed a deadline for all government agencies under 50,000 to have an ADA compliant website by April of 2027 however in At the end of April, the DOJ did extend that deadline to April or actually May of 2028.

And also there's a regulation where we have to have our website transferred to a .gov domain and that is also in... We're required to do that by 2028 So the necessity to do the website isn't as important as it was to meet that April 2027 deadline. So anyways, we had gone forward with the RFP. We received 21 proposals ranging anywhere from $27,000 to 1.12 million dollars After we reviewed the proposals, staff concluded that we should reject all the RFPs because of being non-substantive.

TJA Solvang USA TGA responded, sure they'll do it. The other company they are retiring so they are no longer going to be doing websites and with TGA's proposal it was a one-time development fee between $50,000 and $75,000 there is a large gap with that because We don't know exactly how many pages that we're going to need to, PDFs that we're going to need to remediate to be ADA compliant and we're not sure how many hours it will take to design the website.

TGA does use a WordPress website I guess language so it will be really easy for staff to I

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4:22 – 4:3428 turns

UnidentifiedMayorProposed · by role4:22:28

I've got a question. With the RFP and then accepting a bid that wasn't part of the RFP, what's our liability in this regard? We

UnidentifiedUnidentified speaker 11Proposed4:22:42

can do that through the sole source purchasing section 22a of our purchasing policy and that allows us to Go with a an outs like an outside vendor from RFP through the competitive bidding process.

UnidentifiedMayorProposed · by role4:23:06

Because you're already a contractor or what?

UnidentifiedUnidentified speaker 3Proposed4:23:09

I can jump in and yeah so under the RFP process...

UnidentifiedMayorProposed · by role4:23:13

I have my risk management hat on.

UnidentifiedUnidentified speaker 3Proposed4:23:14

Absolutely, that's a good question. I had the same one when I was discussing the agenda item with Randy and Wendy So under an RFP we have language in there always that says we have the city retains the discretion to reject all proposals so there's no requirement that we select someone from an RFP. We are fully within our rights of what we've put out to reject all the 21 proposals. And then our purchasing policy has a sole source provision that allows us to go with one contractor and not do competitive bidding under certain circumstances, and that's when it's the only known source of supply to meet the bona fide specification requirements So given that we had 21 responses to an RFP and none of them worked, we feel like that's pretty good evidence that this is the only known entity that can handle this.

The what we're asking for under the RFP. And then also as part of the sole source process you have to evaluate that whatever is being proposed is reasonable and not an inflated price, and again we can look to the cost range that we saw in the RFP as good evidence of TJA's proposal as being a reasonable So it's kind of a two things. One is we can definitely, we can reject the proposals under the RFP that set forth in the terms of the RFP and then now instead of reissuing another RFP based on information that we got from the RFP we felt comfortable moving forward with under the sole source provisions of our purchasing policy.

UnidentifiedUnidentified speaker 5Proposed4:25:12

How do we know we're getting best price if we didn't do yet another competitive round with revised criteria?

UnidentifiedUnidentified speaker 3Proposed4:25:20

That's a policy decision. Staff felt that we have, you know, 22 now with TJA responses of...

UnidentifiedUnidentified speaker 5Proposed4:25:28

But we only have one that is truly compliant so the 20, you're saying throw out the other 21 but we didn't get a competitive bid a compliant set of competitive bids. So we don't know that the price is really our best price.

UnidentifiedUnidentified speaker 3Proposed4:25:48

Well it doesn't have, I mean it has to be reasonable and we based on the fact that we got so many responses but nobody fit was able to actually provide the service. That's the rationale that there's the TJ is the only available known source of supply but another option that you could direct staff to do would be to issue another RFP just the timing

UnidentifiedUnidentified speaker 5Proposed4:26:11

It sounds like there is a scenario where that cost could increase on us because we don't know how many PDFs need to be converted, correct?

UnidentifiedUnidentified speaker 11Proposed4:26:25

That's why there was a range. We went through our website, you know just like briefly and deleted most of the stuff that was really old or unnecessary. One of the things that TJA will do is they'll run a report and then we'll look at it and we'll see okay yes this PDF needs to be remediated or no we're not going to use it We did a, through Civic Plus we did do like a preliminary report. So we as staff have to sit down and go through and look at that but with TJA's quote even at the highest they were like the third lowest that was very detailed and they answered all the RFP like requirements where the other two below that, they didn't even you know like one of them didn't even address the .gov switch.

And the other one we actually had interviews with both of them and then we asked them follow-up questions And it took them like a month to get back to the follow-up questions, and then they didn't even answer all our follow up questions. So TGA was very thorough on their response.

UnidentifiedUnidentified speaker 5Proposed4:28:14

I read the scope, it looks good. It looks thorough but okay so let me just clarify it's what's the number 77 is this? Is the top end of the range? It's 50 to

UnidentifiedUnidentified speaker 11Proposed4:28:23

75,000. And

UnidentifiedUnidentified speaker 5Proposed4:28:24

they're only gonna- So it's 75 they're not to exceed. Is it capped at 75? Yes and it's

UnidentifiedUnidentified speaker 11Proposed4:28:30

based on the actual number of hours that they're going to work.

UnidentifiedUnidentified speaker 5Proposed4:28:33

Okay.

UnidentifiedUnidentified speaker 11Proposed4:28:33

They're not gonna just charge us $75,000 they're gonna charge us

UnidentifiedUnidentified speaker 5Proposed4:28:37

And our role will be to keep the PDF count down.

UnidentifiedUnidentified speaker 11Proposed4:28:41

Yes,

UnidentifiedUnidentified speaker 5Proposed4:28:41

we

UnidentifiedUnidentified speaker 11Proposed4:28:41

will yeah so staff once we start this process staff will go through and we've already started like keeping files of yes this needs to go or no this doesn't we haven't added a lot of stuff to the website and anything that we do add will go into a file that We'll need to be remediated because any new document going on a new website will have to be ADA compliant. We cannot have any documents that aren't, unless they're archived and we have to have a special page that says archived documents and then lists all the archived documents. I do

UnidentifiedUnidentified speaker 7Proposed4:29:27

have a question about the response from our current web manager

UnidentifiedUnidentified speaker 11Proposed4:29:33

They did submit one, they were the $27,000 one. They have been basically non-responsive to support tickets. It takes a long time to get anything done with them. They had submitted the RFP and I had asked follow up questions along with another company, It was, I don't know, I think three weeks before they even answered and it was like oh yeah by the way we're switching your customer contact person.

So and a lot of the Civic Plus pages are hard-coded so it's very difficult to have anything change without an extra cost And going through the process before we decided to go to an RFP, we have probably 10-12 years of history on that website. In our contract, we get a new refreshed website every four years but what they do is they just update the website. They don't clean it up.

They'll change like the, I guess the characteristics of the page. But they don't- it's kind of like junk in keeps you know, the junk keeps rolling and compounding. They don't get- they don't start fresh and get rid of it. So we originally had asked them, you know what can you do? We need a new website and it wasn't until we decided to go out for RFP. They're like oh wait a minute. We'll start a whole new website for you and we'll just get we won't like migrate anything over and It was kind of like too

UnidentifiedUnidentified speaker 1Proposed4:31:35

late.

UnidentifiedUnidentified speaker 11Proposed4:31:38

When they thought that they were going to lose us, they're like oh we'll just be more than happy to help you and it was kind of like too late then. And with the ADA accessibility that we had to do on the .gov, it's like we might as well just put it out there and see what we get. I mean we can still stay with them but...

UnidentifiedMayorProposed · by role4:32:00

Mr. Murphy a comment?

CommentCity Manager'sProposed · by introduction4:32:02

There's a couple things I want to point out. As Wendy said, TJA is currently doing our tourism website and if you recall that was a mess when we brought them on board and they cleaned it up and it's quite spectacular comparative to what it was before. They used basically open source web profile, which is WordPress. All of the other vendors we talked to were using their proprietary design so that if down the road somewhere we need to change again, we'll have to pay the whole development cost all over again.

TJA was very responsive to this effort. We did not include them originally with the RFP distribution Because they're not a web builder, I mean it's one of the things they do but it's not their primary business. So after we went through and got these 21 responses, I think we actually got more than 21 but there were a few that were basically just mailed in. Point is that it was obvious that With the 1.1 million dollars, even that one wasn't as comprehensive and didn't answer, didn't check all the boxes.

So when we reached out to TGA, they said oh sure. And again it was an iterative process. Ultimately what they provided a bid for is essentially time and materials. And they're gonna do the work. They really think it's probably closer to $50,000 number not to 75 but again because we don't know how many of those documents are going to have to They had to go a little bit higher. Based on their performance in the marketing world, they have been more than advertised.

The current vendor has been non-responsive. It wasn't until they learned we were looking for other providers that they even started answering the questions, and even then it was hit miss. I can't honestly say that we'd do better if we went anywhere else, and that's the reason. Staff has got a lot of time in this. We had 20-plus proposals to review. We went over them. We talked. We had meetings.

Any other questions? Okay, I'm going to open it public comment if there's anybody on Zoom or elsewhere that would like to make any comments.

4:35 – 4:4021 turns

UnidentifiedMayorProposed · by role4:35:08

Okay, I am going to close it for public comment and bring it back to council for discussion. I did have a couple questions with regards to the add-ons and so forth. The storage is that good? First of all, I guess digress just a little bit what's required of ADA for website do we have to have multiple languages? Do we have to have...

UnidentifiedUnidentified speaker 11Proposed4:35:31

You have to have multiple languages you have to have it compliant with...

UnidentifiedMayorProposed · by role4:35:34

Who chooses those languages?

UnidentifiedUnidentified speaker 11Proposed4:35:37

There's a series of, I think there's like seven, eight languages. But with the new ADA accessible button that takes you to the software, you can pick any language. On our website, there's Tagalog, there's Spanish, there is... What? Mandarin, Chinese. What? French yeah and there that's a law requirement I don't know what law it is but we're required I mean we have to have all our like our water forms in that language A reader has to be able to read the font.

You can't have like a red color on a blue font because that's there's not like contrasting enough for you know people with a visual impairment to be able to see that. The reader has to be able to go through and read all the words. They

not transcribed≈10s of audible speech the AI couldn’t make out▸ listen
UnidentifiedMayorProposed · by role4:37:01

can't read it? Can't the software read it for them? Yeah, that's the

UnidentifiedUnidentified speaker 5Proposed4:37:08

reader. That's what the reader does.

CommentCity Manager'sProposed · by introduction4:37:10

Audio for somebody who is vision impaired and then you also have to have the little pop-up that when you have a picture when you move your cursor across it has to say what that picture

UnidentifiedUnidentified speaker 11Proposed4:37:20

is. So like the logo so our city logo with the mermaid the alternate text for that would be mermaids sitting on a rock so as their card reader goes through it'll say a logo with mermaid sitting on a rock instead of just a you know it's a picture and I can't read it And then two, for those who have ADHD, the software can highlight just a line. So it focuses your eyes just on that line and then it can make it bigger. It can make it smaller.

So there's a lot to it.

UnidentifiedMayorProposed · by role4:38:03

And they'll host this site as well? Even though it's a .gov, that's not a problem?

UnidentifiedUnidentified speaker 11Proposed4:38:08

Yes. They'll do that transition.

UnidentifiedMayorProposed · by role4:38:11

And then for storage of these documents that we're going to have, does that reside on a server or is that cloud-based? How is that gonna

UnidentifiedUnidentified speaker 11Proposed4:38:22

work? It will be cloud based I do believe.

UnidentifiedMayorProposed · by role4:38:26

Thank you. Okay, we have the ability to make a motion here on this. I think we've vetted it out as best we can.

UnidentifiedUnidentified speaker 6Proposed4:38:39

I'll move that we award the contract to Tom Jones and associates for the website design services and content management system.

CommentCity Manager'sProposed · by introduction4:38:46

Can we get clarification to reject all the prior proposals also please?

UnidentifiedUnidentified speaker 6Proposed4:38:50

And reject all the prior proposals. Is there a

UnidentifiedMayorProposed · by role4:38:54

second? I'll second that. I'll second that motion and so the motion is to accept a new award and reject the previous proposal submitted for item 8e. Roll call please.

Roll-call vote Passed 4–0 motion is to accept a new award and reject the previous proposal submitted for item 8e. Roll call
Show transcript
Councilmember Infante? Yes. Council Member Claudia Rona? Yes. Mayor Pro Tem Smith? Yes Council Member Elizabeth Rona ? Yes. Mayor Brown? Yes
UnidentifiedUnidentified speaker 1Proposed4:39:25

Motion passes 5-0

UnidentifiedMayorProposed · by role4:39:27

Thank you. We have closing comments besides it's late, oh wait okay. One

UnidentifiedUnidentified speaker 3Proposed4:39:31

clarification does the council's motion also include to authorize the mayor to execute the agreement for TJA Associates?

UnidentifiedMayorProposed · by role4:39:44

Yes that was there any doubt or any of you have somebody in a different concept of that? Okay No worries. Any closing comments for anyone? I want to wish all the graduates a very happy graduation and happy for them, and I wish them much success. All our graduates this is that time of year so we are adjourned at 10 o 3 p.m.. Thank you