UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:05 – 0:085 turns
That's what I'll do. I'll just throw my microphone down there
Good evening and welcome to the closed session of our special section of City Council for June 8th, 2026. We're starting at 530. Roll call please.
Roll call, called by City Manager
Show transcript
Thank you. Do we have any public comment for our session today? I don't see any on Zoom, nobody here. I will then close it to public communications and would you read our item into the record please Madam Clerk?
Both items A and B are conference with labor negotiators pursuant to Government Code 54957.6, Agency Designated Representative Dave Fleischman, Assistant City Attorney. Item 2A, Employee Organization Teamsters Union Local 986. Item number 2B, Employee Organization All Unrepresented Employees.
Thank you. We will now Adjourned to closed session.
0:50 – 0:501 turns
I guess.
1:06 – 1:1410 turns
We're back from closed session and Madam Attorney, any reportable action?
Thank you Mayor. Members of Council there is no reportable action coming out of closed session thank you
Thank you. With that, I will complete our closed session at 630 and I would like to take a two-minute health break for the team up here and we'll start in about two or three minutes. Good evening everyone and welcome to the Solvang City Council meeting for June 8th, 2026. We're beginning at 633 and roll call please.
Here. Here. Here
Here. Thank you. And a little housekeeping, please silence your phones and we'll get started here. Frank Smithen would you please lead us in the Pledge of Allegiance?
Thank you, Frank.
Okay, we this making it quick here tonight. We have no proclamations for this evening. We have no presentations for this evening so we're going to go straight to public communications for non-agenda consent items. Would you read that into the record for us Madam Clerk?
At this time, you may address the council on items not on the agenda and on consent. Time limit is three minutes and we will start with in-person public comments first.
Thank you. Mr. William Denzel and after him is Denise El Amin Good
evening. Yeah, I'm here to mention a few things about the Glenway apartments over just down the hill here and towards the river. Three-story buildings with a peaked roof above them, then one two-story building along Juniper Street and Glenway. Sort of almost creating what I would call Juniper Canyon. If you go down Juniper, you're going to have two very tall buildings on both sides.
And then you're going into this one single story essentially neighborhood lot of single some a few little lofts and second story partitions. 88 apartments, 138 parking spots so you're sort of with this construction you're creating sort of a combination of a canyon and then an asphalt desert now the irony of it is I go for walks down there a lot that area that Where this property is actually a lot of it's below the level of the street. And if you're standing on the street and you go straight out, the ground is below the level of the street. This area used to be a wetland.
It's been drained obviously. I'm You know, they have their camouflage and everything and their guns. And they go down there you can legally shoot the ducks down there and then they tie them to their belts and walk back to the road right there near where the apartments are going to be. But I just wanted to make a recommendation that we do need housing and maybe some more reasonably sized buildings can go there but it would be nice to sort of restore some of that habitat that's on where the culvert is and try to make it a much nicer spot, not so intense.
So that's just my comment that I wanted to make. Yeah, I think that's it. It's the birds and the animals that have habitat down there that are really impacted, and I've noticed a difference over the years. The frog noises are going down a little. There's not nearly as many waterfowl. It's impacted for various reasons but we should do our best to try to be reasonable. That's all I'm asking for, and we do have housing Thank you.
1:14 – 1:228 turns
Hi, my name is Denise Ellamine and I'm here to talk about the water, well water and state water. My question to the city is that last year we received in our water bills a document that stated that you guys were switching us from state water to well water and it would be just a couple months But my water softener has gone out in my home. My water heater has gone out in my home, and the water is very hard.
And I put in a request to ask why are we not being notified when we're on well water and when we're on city water because it makes a big difference of how hard it is? And I was told in a letter that you do the best that you can to get residents the information. I'm really thinking that we need to do a little better than every time we ask a question, you say you're doing your best.
This is a small town and we should be able to notify our residents about big changes. I have a big allergy and the well water, to me it may be in my mind is making me itchy so I'm thinking it's more sulfur. So I wanted to know, or need to know who checks the well water to see what's in the well water and is it a document that you guys produced that our residents can go on to the website to see because the state water they have that. So, and also I received a letter in my water bill about our water being tested. And I don't know if it's gonna be the well water or the state water.
And I received this and I turned it in and I said that I wanted to be a participant. And was told by the city that they would be telling me the date in June. And think tomorrow is June 9th and I have not heard anything from the city So, I know you're doing your best. You always do but it would be nice if we could get a little heads up on when they're going to be testing our water so that we can be home and we can participate in this testing of water. Thank you.
Thank you. Is there anyone on Zoom? Is there anyone else in the audience? Mr. Murphy did you have a
We publish the annual consumer confidence report on our website every year. The water testing is done multiple times a year, but we're required legally to provide that information and you can find it on the website, on the utility page I believe. It's called the Consumer Confidence Report. We also mail it to all the homes as part of the Water Bill.
Thank You Okay, I will now close it to public communications and move on to the city manager's report and advance calendar. Mr. Murphy?
Yes thank you. I have a video from our code enforcement officer Jennifer Cabello she put this video together and posted it on social media and I wanted to share with council and the community In case you're not on social media, so I'll try it and see if it works through the system of audio. But here we go. Make a liar out of me. Now it doesn't. Is that coming to the system? Okay let me use the microphone hold on
Hello everyone, my name is Jennifer. I'm the Code Enforcement Officer with the City of Solvang. Often my job is associated with regulations and enforcement but one thing I care most about is helping our community look its best and building a positive partnership with our residents. Today I am excited to introduce a new program I've created that focuses on something we can all take pride in – our yards and our neighborhood. This new program will be held biannually and it's designed to highlight and celebrate the efforts many of our residents already put into maintaining and beautifying their properties. The program is open to everyone in our community from apartment complexes, modular homes to single family homes because every property plays a role in the overall appearance and safety of Solvang.
Residents will be able to nominate themselves or even nominate a neighbor whose yard they feel deserves recognition. There will be three categories, most beautiful celebrating the outstanding visual appearance and landscaping. Most drought tolerant highlighting water wise landscaping and sustainable choices. An exceptional example of defensible space creating a landscape that protects your home while enhancing our community safety.
I also want to mention something important just because your yard might be golden instead of green doesn't mean you can't win. In our area, especially water wise landscaping is encouraged. If your yard is well maintained neatly manicured and has good defensible space you can absolutely still be in the running. This program isn't just about green grass it's about pride in your property and thoughtful care of your landscape When reviewing nominations, we'll be looking at factors such as overall visual appeal maintenance water wise landscaping choices and a festival space which is especially important for fire safety in our area.
Each spring and fall the winners. In each category, we'll receive a beautiful certificate and a yard sign along with recognition in the city newsletter and our social media pages so the entire community can celebrate their efforts. Spring contest will end May 31st and the winner will be announced the first part of June. The fall contest will end November 30th and will be announced the first part of December.
The goal of this program is simple. It's to encourage pride in our community, promote responsible landscaping and recognize the residents who go the extra mile to keep Solvang beautiful. Code enforcement isn't just about addressing problems it's about encouraging positive examples and celebrating the people who make our town such a special place to live. I'm looking forward to seeing the nominations come in and highlighting the great work many of you already are doing in your yards and neighborhoods Thank you for your time and excited to get this program started.
So Jennifer did that pretty much all on her own, she asked me if she could implement a program like that I said absolutely and she took it and ran with it so thank you Jennifer. I announced it at the last meeting I butchered the Danish pronunciation of the words I'm sure but it's an opportunity for the community to get recognized for the wonderful, beautiful work they do in the yard.
I don't have any advance calendar stuff except to say that the next council meeting will be adoption of the final budget and several things that go along with that. In July we'll only have the first meeting and the second meeting in July and August are both off the calendar, so we will be dark those weeks. And that's all I have for now.
Thank you. Any questions of the manager?
1:22 – 1:2915 turns
Is it pretty clear or easy how community members or residents who want to participate in this contest actually submit their self-nomination?
Yeah, I don't have all that information. I believe it's on the website on the Facebook page but you can also just send an email to Jennifer on the code enforcement email address.
Super. Thank
you. All right thank you okay if there's no questions for the manager
we'll move on to item five would you read that into the record for us please Madam Clerk?
Government Code Section 53232.3d aka AB 1234 and government code section 84308 aka SB 1439 report out ex parte communications council comments requests.
Thank you any members like to start here with my right? Sure,
in the last couple of weeks I attended the Urban Boundary meeting where we got into some very serious discussions, had some great presentations by our staff. Also attended with the city manager, we went to the Lompoc Police Department and got a tour through their facilities and got a chance to talk with their chief. Then there was also the aquatics meeting that took place. Scott is talking about the stuff that we're going to be available for the kids, I think we've already advertising that for the swim stuff and things that are going on and That's all I did Thank you.
Would you like to follow
up? Yeah, just nothing to report other than attending the last meeting for review of the budget for the upcoming fiscal year. Thank you to the staff for all the work that you do and we look forward to discussing that with everybody today.
Okay good any comments?
I do but do you have any?
I was just going to sort of like mirror what Klaus said, is that I was also on the ad hoc committee for the budget. And I want to thank the staff for everything that they did and yep we get to discuss it tonight so appreciate everything you've done.
I have a few things. I also attended or visited the site visit at LPD with the other council members and a few city staff members. I participated in the second aquatics workshop to put our joint use agreement in place, and I think we came to the point where we were able to turn it over to the attorneys to do the next phase of work So we made good progress there.
And we will see use of the current aquatic facility today in the summer programs, but this plan is for the future development and the future iteration of the aquatics facility. I also was a participant in our Eastern Management Agency groundwater sustainability meeting this past week and then attended a housing regional strategy session at Vandenberg Air Force Base with all the regional leaders to understand how much growth is coming from Vandenberg and the amount of personnel that will be seeking housing in our communities between now and 2030. It's significant, and it was one of the better Lastly, I attended the first kickoff I want to make a comment on housing in general. We do need housing.
In writing is that it is a 88 unit development with 4 units of affordable housing and 113 parking spaces. They've heard different numbers around, but that's what it says on the plan. It is also We have four buildings of three story height. to imagine four three-story buildings in a condensed cluster feels very unusual, different than what we're normally experiencing across all of Solvang. So paying very close attention to that and I will say we do need housing but it just seems obvious that it could be more spread out.
And that's my comments for now.
Thank you. I was an attendant at the Ad Hoc Committee for the Urban Growth Boundary that we met on the 28th. I wanted to thank Congressman Carbajal for organizing the meeting at Vandenberg Space Force Base and for Colonel Horn for hosting the regional housing meeting that we had there Again, it was well attended and there were some good action items to come out of that. I had the pleasure of being at the Communify award dinner and our local people helping people was recognized at that award dinner as well as a couple others but they were the local ones And then I was at a grand opening for Meadow Flowers, which is in the new Founders Square facility.
And I want to give a shout out to Jennifer for her initiative and putting forth the We're on our way. Read the next one, please into the record.
1:29 – 1:3410 turns
Consent is for routine administrative city matters and is approved with one motion. These items are discussed only on request of council members. Members of the public were afforded an opportunity to speak during the public communications portion of this agenda.
Thank you, any concerns or modifications to the consent agenda? Any motions?
I'll make a motion to approve the consent agenda as presented.
Thank you. It's been moved and seconded for approval of the consent agenda and items. A roll call, please.
Roll-call vote Passed 4–0 moved and seconded for approval of the consent agenda and items. A roll call,
Show transcript
Motion passes 5-0.
Thank You Mr. Murphy I
just want to take a moment you passed it on consent the final item Adopting a general municipal election resolutions. This is obviously setting that process in motion. If you've looked at our latest newsletter, Anne Marie here did a very outstanding job about identifying the processes if you're interested in running for any of the three seats that are available on the dais going forward so And thanks, Anne Marie. I just want to again point out that the information is out there if you have any interest.
Thank you. Yes excellent job for that. Would you read number 7A please?
Public hearing to consider adoption of Resolution 26-1317, confirming and levying assessments for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for fiscal year 2026-27. Thank you. Staff report please?
Good evening, Council. This evening we're bringing back the LLMD final engineering report and this was presented to council last month and this is the final version for it. The LLMD was created in 2004 for the Skip Mesa subdivision and since then It has been the mechanism for paying for routine maintenance responsibilities for the lighting and landscaping of the area.
In the staff report, we talk a little bit about some of the things that we would like to do with some of the reserves which would include repairing of the sidewalks in the LLMD maintained areas In addition to that, we did cite the municipal code related to frontage property responsibilities throughout the city and for residents who have some sidewalk damage or other Concrete damage related to LLMD trees that are maintained by the LLMD.
We encourage them to get with us and we can help them with possible removal of the roots or the trees for any improvements that they want to make for those sidewalk repairs. We intend to do a project this year, um, to do the sidewalk damage repairs and with that we could incorporate some of their items and for hopefully some economies-of-scale discounts with the contractor that the city would be doing for the LLMD.
There was a question about the maximum allowable assessment rate. We had quoted that it was $3,772 and there was a question how that could be if we were only raising it $42 to $1,472.54. And that maximum rate was based off of the original assessment value and then 5% annual increase compounding over the last 22 years. So sometimes it's not raised 5%, and there were occasions when it wasn't raised at all.
We also had a question about the 3% increase that was assessed, and I did want to let people know that that was based off of the Consumer Price Index for the state of California. And that's pretty standard to have a CPI increase for contracts. So that's one of the reasons that we did the 3% increase there. With this, there is the resolution for your approval should you wish to approve it and the assessment will be an additional, what is it?
an additional $41.88 per year on the existing assessment fee.
1:35 – 1:4021 turns
4183 incorporates the sidewalk repair, the capital improvement.
Yes it does because we are using reserves for those.
My question is after these repairs what are your anticipated reserve balances?
So the reserve balance will be what it's required to be, which is I believe 25% of the... Let me just get that number.
Is that a statutory amount?
Yes. Yeah, it is. Yes. Twenty-five percent of the replacement costs for the capital improvement Thank you The last time we brought this to council. Over the next year, we do plan to reassess that to make sure that our $987,000 and some change is accurate. And so we'll be reassessing that in the coming year to make sure that we have adequate reserves.
Thank you.
Yeah, quick question. What happens if we delete the reserves? If we use them all up? Are we having a contract problem here or what this code?
Well are you referring to if we used up the 25% yeah that would be I mean what would happen? I'm not sure
We obviously have to try and correct it by adjusting the annual amount to the property owners.
Right, yeah we would have to catch up essentially to be able to reestablish that 25% next year so if we used it if we were to use everything up
okay Mr. Murphy?
I just want to point out that, as Bridget just said the assessed or the approximate, not assessed value but approximate value of the infrastructure of the LLMD is just under a million dollars but it's been a number of years since that number was really evaluated So one of the things we intend to do over this next year before the next assessment is due, is to review that number and ensure that it is actually what the value is. The purpose of the reserve is if there's a Major event, a storm, a fire or something like that that causes damage to that.
That the LMD is by law required to replace it pay for that obviously there's insurance and things like that but at the end of the day you need the cash in order to be able to make those repairs So it's imperative that we have the 25%, minimum 25% as a reserve to help pay for something. Because it's not likely everything would be lost all at once, so the idea is there has been determined that 25% is the magic number to use and historically that's the number we have used. The reason it's higher now is because there was some discussion prior about adding some lighting along Skip Mesa and lighting the sign at the highway. But that was determined by a survey done of the residents that required or requested improvement so that money sat in the reserves, and we're using it up this year to do the sidewalk repairs.
And that's another point I wanted to make was, to the extent these funds are not expended it stays in the fund. By law it is not city money, it is LLMD money so it does not commingle except for the amount that the City Administration costs are added or paid for every year.
Thank you And what you're saying is that the value of those assets have gone up and so the reserves should also go up for the replacement, is what you're saying.
Once we do the assessment yeah well that's what we'll find out but there's a good chance at that number that 25% number will increase.
Thank you. Anybody else have questions for the staff or manager? Okay then I will open it up to public comment And I have a few names here. Mr. James Colton, followed by Cynthia Joyner. Mr. Colton to clarify you sent in an email earlier?
Yes, I did.
Thank you and you're gonna refer to that?
Yes
I am. Thank you.
Yes so it's already in the record
1:40 – 1:477 turns
I'm told by council, I need to officially open the public hearing. We are official. Thank you.
Well good evening Mayor City Council members my name is James Colton and I'm a homeowner in the Solvang Mesa Landscape and Lighting District I'm here tonight to strongly oppose the proposed increase in our assessment for fiscal year 26-27. Our current assessment for 25-26 is $1,430. The proposed increase is 1,472 plus change may appear modest but the justification for it is not supported by the information in the staff report or the engineers report I will begin with the fiscal impact statement in the staff report. It says if assessments are not levied as proposed, it would be a loss of $248,859 and change in revenue for fiscal year 26-27.
This statement is misleading. There was no loss of revenue, that number is simply the total amount of the city would collect if the assessment is levied at the proposed rate. The City's Own Alternative section acknowledges that the city may choose not to increase the assessment and instead draw on available reserves. That means the district has reserves specifically for this purpose.
You cannot claim a loss when the city has the option to maintain services using existing funds. Next, the engineer's report states that the district faces $987,700 in potential capital replacement costs yet there is no documentation provided to support this number. There is no inventory of capital facilities, no condition assessments, no inspection reports and no breakdown of how the estimate is calculated.
Under Proposition 218 assessment must be tied to actual documented specific benefit special benefit not hypothetical or unsupported figures. The report also contains contradictory statements about the maximum assessment. It claims that the maximum assessment of 2627 is 3772 per parcel, but then states that the maximum may only be 5% per year. The report provides no calculations showing 3772 was reached, how it was reached. These statements cannot both be true and without transparent calculations the maximum assessment figure cannot be relied upon.
Finally, the district already has over $580,000 in reserves. And even without raising our assessment it will have well over $380,00 next year. The city has not demonstrated any financial necessity for an increase. There is no emergency, no documented capital need and no evidence that the current funding is insufficient. Before I close, I want to clarify a related concern that directly affects the credibility of the recommendation before you tonight. At last month's meeting staff made two statements...
I'll let you finish please.
For all these reasons, the misleading physical impact statement, undocumented 987 700,000 capital estimate, the contradictory maximum assessment numbers and the inaccurate statements about the Brightview contract. I respectfully urge the council to reject the proposed increase and maintain the current assessment rate. Thank you.
Thank You. Cynthia Joyner Followed by Denise Alameen.
Good evening Mayor, Council Members. Good job Jim! I didn't do such a deep dive as he did just from walking around the housing tract. I live at 629 Valley Oak in Skip Mesa and after the last meeting left going why are we increasing anything at all? When the work hasn't been done. That's what the big gripe was, the last meeting is that the work hasn't been done.
And some of the work that they've done, they didn't even do correctly. The weeding and the parkways, they just covered it up with mulch. They didn't really weed. And then in your discussion on the agenda in the third paragraph, it says that property owners are responsible for maintaining sidewalks, parkways. I thought the parkways were being taken care of from Brightview, not from the property owner. And then on the map that they showed, there's some properties that run along Chalk Hill in the back of these houses here.
Are those maintained by the people that live there or are they maintained by Brightview? Because some of them look really good and I know the one that does, they've actually paid somebody to come and do it And if Brightview is supposed to be taking care of those, they aren't. You can go look. It needs to be weeded. It's really bad. And then the roots from the trees. So if the roots from the trees that are pulling up the sidewalks are going to be our responsibility, I think we need to be included in what kind of trees are gonna be planted there and how they're gonna be planted. Talking to Johnny when they were planted to begin with A pipe could have been set into the tree so that the water went down, so that the roots went down and that was not done.
So that's probably why there are problems with the sidewalks the way they are. And then the checklist that is supposed to happen. Like if we could see the checklist and see things getting done, that might help so we're not here all of the time complaining. Was so appropriate that you had the lady come on about beautifying the neighborhood. When we're sitting here complaining about our neighborhood that we're having a problem with Brightview about I mean come on not OK. So I hope you guys really look at this and consider that there's a lot of people that are upset that live up there and just be more transparent about what's going on and acknowledge that what you're being told is not what's happening
Thank you. Miss Ellamine?
1:47 – 1:5411 turns
Hi, I'm Denise Ellamine and thank you for my neighbors for coming. I've been told that I'm the only one who complains all the time So now I guess I won't be called that anymore. I'm here because I keep hearing Randy state that we have to follow the law, the law, the law. I need to know what law he's following. I have gone to the internet and Well, let me just give you this history. My house prior to this house I lived in a city called Doherty and I had an LLMD so when I bought the house here I thought I knew everything about LLMD's because I had that house 20 years But when I get here, I'm being told that you don't follow the same, the Prop 218 that my Doherty house followed.
And but I keep hearing we have to follow a law so if you have to follow a law Does the law have a name? Does the law have a number? You just can't say, The Law. It should be Prop 218. Randy told me that he doesn't have to follow 218 because that's just for the city. I don't know what we are if we're not the city, but it does break it down into special districts also. So Prop 218 says that our fees cannot be raised without the resident's approval And it appears that, and I don't know who it is but it just appears that you guys randomly decide what the residents in Skip Mesa will have to pay. What's gonna be done? Like the sidewalks are more important than doing the fire abatement coming up the hill. I'd rather see all of that grass and all of that dirt done So that a fire doesn't come up there, I could care less about a sidewalk if a fire comes up because they have not gotten all the weeds and the dirt from coming up that hill.
But nobody's talking about the fire abatement. They're talking about trees bringing up sidewalks, and we're the only ones that they're talking about. What if a tree brings up something in another neighborhood and they don't have LLMD's then what do you do there? Follow the law or are you... I don't understand why our sidewalks with trees coming up are more important than the entire rest of the city We have anybody on zoom that wishes to speak.
Okay, seeing none I will close the public hearing and bring it back to the dais. And I think you had something...
I had a couple of comments first of all the reserves are not operational reserves they are catastrophic reserves that is why there's a 25% number there as far as Brush on the hillside on kind of the west side of Skip Mesa. Some of that is private property assigned or adjacent to the property, belonging to the adjacent property owner. Much of that also is Caltrans property So if there's a concern, Caltrans has a way to report or request service. So I've shared that website in the past. I don't have it handy but it is on our Caltrans page to be able to alert them to service needs anywhere on any state system.
Thank you. Any questions? I'd like madam attorney is it possible that you might enlighten us a little bit about prop 218 and regarding legal proceedings that we're following or not following as the case may be.
Thank You mayor yes, I'd be happy to clarify so proposition 218 has to do with levying property related assessments there's a lot of pieces to it but that's probably the most relevant to this. However, LLMDs have their own special section well they have their own regulations under the streets and highways codes with their own process there is a requirement that for every annual assessment that there be notice and a hearing given which was why we're holding a public hearing today And that all property owners have the opportunity to provide written comments and make oral comments at the meeting.
If there is a majority protest, then based on those comments, then just similar to Prop 218, it uses the same definition as Prop 218 even though it's a different process then the legislative body can't adopt the resolution affirming the increase in incestment. However, a majority protest means like more than 50% of the affected properties would have had to provide written or oral comment so I don't think we've We have met that standard tonight based on the comments that we've...
It was noticed properly. We've had three people object.
Yes.
That's not a majority?
Correct.
Okay.
That's what I'm saying, like there's a process for majority protests but we haven't had a majority of the property affected properties protest if that makes sense so that hasn't been... A majority protest has not been launched.
1:54 – 1:5911 turns
Thank you.
Just to be clear,
it's still has been offered please let us finish our conversations we didn't interrupt you please don't interrupt us thank you
And just to be clear for the council, because there has not been a majority of the property owners protesting on the record in written or prior written comment or oral comment then the council it's within their power under the Streets and Highways Code to proceed with levying the assessment if they if you so wish.
Yeah, the one thing I wanted to add to it was I had asked the question about what happened about the reserve. What I did not understand until Mr. Murphy made the comment is the reserves for catastrophic situations. It is not for just fixing sidewalks right? That was something I did not understand from reading any of the documentation so that was very helpful thank you
I agree, but could you give us a few examples of catastrophic conditions? Under what condition would we declare the ability to use the reserves?
Well generally speaking it's exactly that. It's a catastrophe of some sort. A fire, a mudslide, any other kinds of things that could happen. Some kind of earthquake that damages the infrastructure. Some kind of tree blight that might happen and all the trees need to be replaced. Right now there's been a concern raised about 1582, I think is the state assembly bill that talks about non-functional turf being replaced or having to replace it can't water with potable water As of right now, it does not appear it is applicable but I think that may have been an oversight on behalf of the legislature and in that LOMDs were not included in HOAs or public properties were etc. So there's still been some discussion going on with legal whether or not it applies there if that happens we had a proposal of about a million dollars to replace or remove all the turf and replace it with drought tolerant landscaping.
So those are the kinds of things that the reserve can be used for.
Cool, question on follow-up is if a tree fell over and lifted the sidewalk along its way is that considered reserve eligible?
We do budget for some maintenance issues so a single tree probably not but several yes
I'll make a comment. I feel like these folks are speaking to me because I was in the public when I was against our water rate increases, but couldn't rally enough people to protest. So most of the people who come out and speak probably are paying close attention and are representing many a large sentiment of what a cost increase means. I am highly sensitive to the fact that Brightview is being scrutinized and under pressure.
Consensus around the frustration of a portion of this contract. Having said that, the use for this particular drive of the increase at only 3% seems very practical because at the end of the day when the sidewalks are repaired and they're walkable it means the neighborhood is safe I understand the sentiment, but for me 3% is reasonable.
Also, I wanted to address a couple of things. The concerns about Brightview were heard loud and clear at the recent meeting. We've had several follow-up conversations with them and we've withheld payment for the last couple of months so they are definitely on it. I'm hearing that several things have been improved. The other thing I wanted to point out, and I said this when the concerns about Brightview were raised, they were the least expensive option.
So to the extent we end up having to replace some, that cost will increase And the last thing, one of the comments was made here a moment ago about why Skip Mesa is the only LOMD. That's because it's the newest neighborhood. All the other My understanding is all the other neighborhoods predated Skid Mesa. I can't tell you that future neighborhoods, assuming we ever go the annexation route and get more land or somehow find developable land within the city Those will be recommended by staff to not be city maintained and they'll have to have some kind of funding mechanism in order to pay for the landscaping, lighting, street repairs etc. So the days of property taxes only paying for the needs of the infrastructure are over.
2:00 – 2:0518 turns
Thank you yeah would I'd be delighted to have this off our plate and have a HOA or something like that, that was self-regulated in that regard. But I bring it back if there's any option. Let me ask you this Mr., actually Ms. Parris from Public Works. Are you seeing an improvement in Brightwood and the performance?
Yes, for sure they are much more responsive with the new accounts manager that they have.
And you're seeing their performance is at par with what the checklist and things of that nature had been brought up?
Yes. And the list that we had provided to them a couple months ago related to outstanding maintenance issues, they've almost completed all items on that list and so they're very close to completing everything on there and we have reiterated to them The elements of the contract related to how many staff members are required, days of week that they're working, et cetera. So what they're doing now, they have been out there on Saturdays at times. They're out there on other days besides Mondays and Wednesdays. And so they are putting their best foot forward right now to get us to a manageable baseline and then moving forward to maintain the requirements of the contract as stated.
Is that because we mentioned we might go out for bids? I can't speak to their choices
but We've just made a significant effort to really follow up and be on them. There's been many staff hours, a lot of staff hours put towards that contract. And we'll be recording all our time.
When does that contract end?
2028. Two
years.
I believe it was extended when we adopted it. I don't remember, I want to say 2028 but it might be next year but I'm not positive.
Okay thank
you. I do have one more question does the assessment cover staff time to oversee
We collect $16,000 was budgeted and previously been 12 but it was not adequate so we've increased it by four thousand dollars so that's an annual amount that gets deducted. That is included in the assessment
How much time are staff spending on this? I know you're focusing on it a lot and trying to get them onboard and making sure they're doing everything, but once they're back on track with everything how much staff time is being dedicated to making sure they're doing their job.
So as part of the contract, there's the... Let me just reference that. The oversight includes the biweekly meetings and monitoring and then as well as any of the accounting and invoice paying, that type of stuff. Oversight of the contract and then just general You know, checking on them and when they're out there on Mondays and Wednesdays and things like that.
Recently over the last few months I have been keeping track and having everybody keep track of their time but I wasn't able to get those numbers by this meeting. But we will be keeping track of all our time so we can better establish how much time it's actually taking.
Okay, and I guess I should
admit...
My apologies. I guess I should have narrowed my question to actual going out to the property and looking at it, like visually looking at what's going on. I mean, I understand you have to do accounting and meetings and all of that but somebody from the city going out to the property and driving around and getting out of their truck and walking the sidewalks just sort of doing a visual inspection?
Okay.
2:05 – 2:3113 turns
Thank you. The amounts that are collected, it all belongs and stays with the LMD so it doesn't get commingled, it doesn't go to anything else in the city and what isn't applied will stay in reserve So it's still there, available to them. It's just is it prudent to go up the $41 per parcel to maintain either stability or fiscal responsibility? And short of hearing anything else I would say that that would be prudent to move forward in that regard. Yes Mr. Murphy?
LOMD was created by the owner, that was a condition of approval by the city when it was approved as a subdivision. Another option is an HOA and some of the neighborhoods have gone that route. I was always under the impression that converting from an LMD to an HOA was not possible, without a 100% vote. But I have found out that it only requires two-thirds of the property owners Due to my quick math on my newfangled cell phone, I determined of the 169 lots in Skip Mesa, 114 would have to authorize that so they could become self-governing as an HOA and take the city out of the equation.
and keep the reserves that they
have. I believe they would be eligible for all those funds,
yes. Food for thought. Unless there's any other questions, I'm prepared for accepting a motion.
And I'll move to approve resolution 1317 confirming and levying the assessment on the Selvang Mesa LLMD. Is
there a second? It's been moved and seconded to approve Item 7A in Resolution 26-1317. Roll call, please.
Roll-call vote Passed 5–0 moved and seconded to approve Item 7A in Resolution 26-1317. Roll call,
Show transcript
Motion passes 5-0
Thank you Let's move on to Item 8A
Review and discussion of draft biannual budget for fiscal year 2026, 27 and 2027-28. Thank you. Staff report please.
All right, good evening Mr. Mayor, members of the council and members of the public. Tonight we'll look at the draft biennial budget for
fiscal... Pardon me one second would you close that door please? That noise again thank you very much please proceed
All right, so we'll review the draft biennial budget for fiscal years 26-27 and 27-28. And we'll ask council at the end to recommend any changes. If not, we will bring the final budget back to the June 22nd 2026 meeting. So the budget at a glance. All right, all funds proposed for this biennial budget is and this is across all funds. The revenues is $31,417,076. All fund expenses is $30,798,454.
with a estimated surplus of $618,622. And for fiscal years 27-28 the surplus is estimated at $3,493,221 $25,000, but that does not include Measure U expenses as well as the suspended Table A that's projected to be spent in the 26-27 budget for the Water Fund which is to purchase extra water. So, next slide. General fund unrestricted operating position. All right.
Operating revenues are projected at $13,940,197 with operating expenditures at 13,599,891. The operating surplus for the- now this is just the general fund unrestricted, is $340,306. There are expenses that we will need to spend moving forward, but they're not included in the budget because they have not been determined yet. And that's the 27-28 Measure U expenses.
The sheriff startup costs, if we move to move further in the process and go with the City of Lompoc Police Department will have an or guessing an estimated of about $500,000 for startup costs And we did start the lifeguard program or the swim program with the lifeguards because this is the first summer that we're going to be doing it. We have estimated some expenses in the budget, but because we don't have any experience with that moving forward, that is subject to change as well.
We also are looking at a new internet speed because we found out that we have 50 up and 50 down. We're looking at moving it to, I think it was 300? And that's going to increase to $250 per month from $112 per month. So those are just the expenses that we've thought about right now. So with that, we're looking at the general fund projected balance of $16,868,770 for 2026-27. For 2027-28, we're looking at $10,186,691 $2,281,227 Fund balance will be reduced by the capital projects.
The general fund revenue, transient occupancy tax, sales tax and property tax calculates out to be about 77.8% of the total revenue for the general fund and those three taxes total $10,845,674. Fees for services is our next highest revenue source and that includes permit fees, franchise fees, business certificate fees etc. representing $1,061,279 or 8.3% of the general fund revenue The overhead contributions from the other funds is basically the charge for the general fund to supply staff time for that.
And all the extra additional costs like for the building and gas and that kind of thing represents $761,187 which is 5.5% of the general fund revenue. Interest income is the last biggest revenue and that $650,000 represents 4.7% of the general fund revenue. One thing because our general fund is based primarily on TOT and sales tax It is sensitive to tourism, lodging and visitor spending as well as local spending.
Next slide. So this is just a graphical picture that shows the general fund tax revenue for property tax sales tax and transient occupancy tax based on the percentage of revenues that we receive it just gives you a visual of what it actually looks like. And then the tax revenue history graph, the TOT sales tax and measure you which is if you look at the second I guess 25-26 actual.
We actually only have the revenue through March, so those figures will change based on when we get the rest of the revenue which is usually after the close of the fiscal year. So the general fund expense assumptions, the top three categories is 80.3% of the general fund expenditures of $13,599,891. It's personnel services and county other contracted services.
Personnel is estimated at 5.5 million for the general fund which is the largest expense and then we have Project Utilities, Supplies, Repairs and Maintenance. And the proposed capital improvement projects is a primary driver to reducing the projected fund balance of the general fund. Services include professional services, legal fees, IT expenses, custodial rec services, studies and insurance over all the departments, the public works, admin parks and rec planning and building The county other contracted is law enforcement, animal control, our audit and LAFCO as well.
Next slide. So the next section is personnel and agency grant funding. We have 42 full-time employee count in that increase due to hiring 10 Part-time seasonal lifeguard swim instructors. And then we have a part time marketing and events, part time position as well. The general fund like I said earlier the employee costs for general fund are $5,505,383. Water is $1,088,142 and wastewater is 1,331,825 for 26-27. The grant funding we met with the finance committee or the budget committee We're looking at awarding At-Or-Dag-At-Home $20,000, Nature Track $5,000 People Helping People $15,000 Solvang School Education Foundation of $10,000 San Ynez Valley Humane Society $7,500 Solvang Rotary for 4th of July $25,000 and San Ynez Valley Veggie Rescue for 10,000.
And all the grant funding applicants their contract they will be required to supply us with proof of payment and receipts and do a year-end project report. And then the services have to be provided for Solvang residents. We do have negotiations, labor negotiations that's ongoing. So based on what happens there might depend on what we do with the budget. Next slide.
We have Measure U. The revenue is projected for 26-27 is $2,450,000. Projected expenses are $3,785,000 and we are spending more than we are getting in the 26- 27 but because we have a fund balance in Measure U that's how we're able to spend more than we are getting for the current budget year. The fund balance at the end of 26-27 is actually estimated at $213,609. So we did not budget for 27-28 expenses and we're estimating that we're going to receive $2,250,000 As we go through, I'll show you a forecast that actually shows the general fund with Measure U and without Measure U.
So it will be eye-opening to see that graph. And for 26-27, we're so the Measure U money is general fund money but based on how it was presented to the voters we keep it in a separate fund. So we can have a better accounting of it. We are looking at spending $1.8 million to supplement the law enforcement contract and the general fund is paying the other one, I think it's 1.6 million.
Hans Christian Anderson improvements we're looking at spending $770,000. The Hans Christian Anderson Cape Park repairs will spend $40,000 Sunnyfields Playground Repairs, $50,000. Weed Abatement, $48,000 What's the CCW stand for? Wildfire Protection Plan. Will be $77,000 and then the slurry seal for parking lots one through four in area one will spend $1 million.
Next slide. For the water fund, you have a graph of the water and revenue and expense from the actual 24-25 through the 27-28 budget. And you'll notice both on the water and wastewater graphs that the budget for 26-27 and 27-8 is fairly close to each other because we are doing a new utility rates study and those 2728 figures may change based on the results of that study for our utility rates.
For 2627, the water fund we're looking at getting revenue of $6,669,938. Expenses are projected to be $7,304,843 And those expenditures do exceed the revenues by $634,905. But that's because as I mentioned earlier we have that suspended Table A cost in there to purchase that water for $829,000 and it's not included in 27-28. But we do have to keep putting it in the budget because at some point eventually the county will say, you know, if you want to buy it and then we have it budgeted.
So with that, we'll go to the next slide for the wastewater fund. And though we're looking at 2627 revenues of $3,722,319 revenue or excuse me, 2627 expenses, we're looking at $3 million 336,828 with an operating surplus of $385,491. The 27-28 fund balance is projected to be negative $6,199,187 and that's all due to the wastewater treatment plant upgrade. Now we will have to seek interim financing until we get the USDA loan And once we get those funds, once we receive those funds then some of the expenses I can't say all of the expenses because we have to determine when we get the money. We should be reimbursed for most of those expenses that we've already spent currently on the upgrade which is engineering costs.
So with that will go the next slide Now our capital improvement plan. These are all our large projects, and in the past we have deferred a lot of them because we haven't had the money. The capital expenses for 26-27 across all funds is $12,929,000. With $7,022,385 coming from general fund for 26-27. The water fund $3,010,000 for 26-27 and wastewater $1,645,000.
They're ongoing, they're different. Capital expenses are different from the operating costs and the way we fund those is from revenue over expense. We will be doing a capital improvement plan and nexus impact fee study report. I just sent out the RFP and it's due by the 15th of June The study is expected to take six to nine months. And with that study, we expect to receive more I guess in line projected costs with our capital improvement projects with actually the real costs instead of just kind of estimating the cost.
General Fund Unrestricted Forecast with no Measure U funds. Now, back in the day when Measure U was put forth to the public for a vote they had the foresight that we were going to need that money to supplement the law enforcement contract. And you'll see the orange line is expenditure line and the blue line is the revenue line And if you can see, the expenses are going higher than the actual revenue that we see. So that gap towards 2035 and 2036, it gets wider and wider as it goes each year out.
Now the next chart, the General Fund Unrestricted Forecast with Measure U. If you look at the expense line and the revenue line, the expense line is actually-and this means that the Measure U money is being supplementing the general fund without doing extra Projects or extra expenses out of the Measure U money. And you'll see that the revenue is actually above the expenses and as you go farther out come 2034 and 2035, the expenses exceed the revenue so in Moving forward, one of the things that we all have to do is number one, be strategic and think of optional revenue generators that will help supplement the general fund as well.
So we estimated a 2% revenue growth and 4% expense growth, and this general fund forecast does not include our emergency reserve fund which is 50% of our general fund expenses And we legally have to have that and save that for the emergency. So just so you know, it doesn't include that emergency fund. And for the next enterprise fund forecast, this is why these pictures are, these graphs are a really good visual because it really shows where we are headed Again, the orange line is the expenditure line and the revenue is blue. And you'll see for the water, the revenue and expenses are exactly...and that's because those years we haven't done our utility rate study. So once we have those figures then those will change but currently We have to go with our current, our most current 26-27 revenue and expenses for the next five years.
And then again with the wastewater on the right hand side same thing, the revenue and expenses you're looking at in 2028 the expenses will drop down a little bit from the revenue Capital Improvement Projects Delayed or Deferred That gray line is all those capital improvement projects. So as you can see it will drop way down below and then we will end up using all the fund balance in The water and wastewater funds, and we can't do that. So what that means is We need to look at other revenue sources like a utility tax on the TOT And then we have to strategically plan out our capital improvement projects and I've always said that the You never want to not raise rates. You want to get into a process where you increase rates incrementally at a small amount and not wait for 10 years to increase them because, number one, you lose all the money to help fund these projects on an annual basis So once we have a final capital improvement project, the utility rate study will incorporate those and we'll see where we are with the capital improvement projects.
So with that, that concludes my presentation and what questions do you have? Oh, wait one more thing. I just want to say thanks to Jason he's sitting in the front row in the audience without him we would not be able to have all these figures put into the budget so I very much appreciate him
2:31 – 2:3819 turns
thank you for report any questions Yeah
a bunch. I'm looking at the capital improvement projects on the agenda package. Yes and we go along for two years a little over three quarters of a million and we jumped to eight million in parks.
Yes that has to do with the parks max park and rec master plan
all in one year because the next year it comes down to less than two
Well yeah because you have Solvang Park, that's the biggest one in Hans Gritzen Anderson park. Now the capital improvement plan this is best case scenario of their wish list and we do also have to go through and ADA Transition Plan Sorry it doesn't work that way we don't have the money.
Because I'm looking at if you just look at the Public Works Department, it goes from 7 million to a little less than seven million to fifteen and a half million to thirteen million these are huge jumps in expenses that It doesn't make that much sense to me that you would do it. I understand wastewater down here under the Utilities Department, CIP and the big jumps in it because we have the Wastewater Treatment Plant cost a couple of years, we're gonna have to work on that but you look at transit and there's one year where it goes from 1.5 to zero then to 300,000 then down to 40,000 I don't understand why this isn't planned to be, I don't know maybe the words consistent smooth.
Well it's all based on how the department heads wanted to schedule their improvements however When we bring it back for the June 22nd, it will be more strategically placed throughout the time. But we told them put it in and we'll show you the numbers and so that's where we are.
One of these things that I noticed on here was if you look at traffic mitigation, out in 30 there's a $10 million budget. And if you read the description to where the $10 million comes from, that is a traffic control at the intersection of Skid Mesa and Mission Which since being on the urban growth boundary thing, I went in and looked at Santa Barbara parcel.
And that is not in the city
limits.
Now Bridget probably knows more about this than I do. But that road comes down and hits outside the city limit. So if we don't expand the city limits, we can't even do that. Even if in the next thing we're going to talk about, we take over the Caltrans, take over 246 from Caltrans. If it only goes from city limit to city limit, we can't do what you've got $10 million a year to do.
If I can jump in here, I had similar issues with the CIP. But maybe I make a suggestion or a request. There is a blend of nice-to-haves and wish lists, and some things that have conditions around them that are also blended with capital improvement projects that we must have like wastewater treatment plant and some slurry seal and some other things Could we categorize what we're looking at in the next iteration so we know what has to happen? Because these are big numbers. Actually, the thing I did like was this is the most comprehensive CIP we've seen in the four years I've been looking at them. But, and it gives us a huge landscape. And it's clear some major expenditures are coming but if we could distinguish what we have to do like wastewater treatment plant and some road repairs things like that from things that still need to be reviewed and approved things that need to be assessed and validated and maybe some things that you know need to be voted in or nice-to-haves because I think that will help us understand What are the more, especially in the short term like in year one 26-27 we should that should be hardwired.
We should know but as we go further out then tell us what really needs to
be. Look at the budget I mean the 28-29 budget is almost twice what the 27-28 is Okay.
So, well Wendy just told us how they went through the exercise and they probably got everything packed in there that they wanted but we needed a little more scintillated.
And we did go through so 26-27 you won't be seeing very many changes because we did go through and look at those and determine okay like this is what we really need and like one of the things is we have a Prop 68 grant for the park So we have those are matching funds so we have to do something with the Hans Christian Anderson Park to keep that grant, that Prop 68 grant.
Yes. Yeah,
so... That would explain why I see this big jump potentially.
Well the big jump in the next years those are that's a wish list some of the things like you know for the skate park you know that's a risk thing. We need
to know
what's a wish
list and what's mandatory.
2:38 – 2:4314 turns
The wastewater treatment plant capital improvement projects don't affect the general fund at all. Those stay within their own fund, where like the parking lot that's general fund and some of the other funds that will help pay for those
I think Visitor Center was in here too, as I recall. That might be an example of something that just has to be done. I think we gave it a two-year window. I'm not sure I understand why. It doesn't matter. That's another example of putting it... Give us a classification just so we can stack rank this. I know the number is going to be big but it also makes it actually achievable when we see it that way.
We actually have a staff meeting to go over the capital improvement projects tomorrow.
One other thing I would also observe in the CIP is there seems to be decent dependency on grants and HISP and things like that. I'm just going to throw out the question because We haven't heard lately how our grant consulting entity is doing for us, but I left with kind of some uncertainty there. Should we consider an FTE, our own grant writing on resident staff person to do some of that work who is comes in skilled but is that is their remit. They do this for us and exclusively
Grant writers cost us $4,600 a month. We can't hire somebody for that.
But we're not getting anything either Randy.
Well it's gonna cost us
more. To me it's you know what's flushing we're flushing it so I if we've got somebody who really understood our organization and where how to write our grants and you know inside insider perspective maybe we have a different outcome.
We can certainly look at that but Most of the reason we're not getting a grant is because we don't check all the boxes. We're not a disadvantaged community Federal grants have taken the DEI stuff out of the equation, but the state has not. And so we're butting up against that in many cases. The grant writers that we currently employ, there's multiple people working on it and they have expertise in various areas and they also do the follow-up. We just found out last week where we declined a second time for Mission Drive grant, we're trying to get to do a plan.
You know that's $250,000 or whatever it was I believe but we're having a meeting in a couple weeks with the granting with the state find out what was it that didn't kind of ring their bell to help us get the money so they also do that they do those postmortems on the grant attempts So, I'm not saying that a grant writer on staff would be a bad idea. I'm just saying that we get more than the value of what we would have as a staff person.
Okay, different question. Real tactical but I thought in the CIP is the meter replacement project for water? But I thought we'd already I had a question regarding the USDA
reimbursement. Can you share with us the status of that?
We actually have two resolutions that were approved by council that allow us to recoup the costs. So those are in place, we just have to wait until we get the funding and we have a tentative approval for the USDA loan. We need to have 100% design like
We won't get the loan until after construction is completed. They have a commitment for that, well $18.5 million project, a million of which was Congressman Carball's earmark and the $17.5 million so once we know what that bid amount is we may have to negotiate a higher amount because more recent estimates suggest that number has actually gone up but we'll get an interim loan from a finance group and then that money in interest is built into that 18.5 million dollars, and we get all that money plus engineering and some preliminary costs reimbursed out of the loan proceeds because that's calculated as part of that total project cost.
Thank you
2:43 – 2:5122 turns
I have some more questions that are actually in this year's budget. It is on Q4. I did not realize when we looked at the bar chart in your report that the actuals for 2025-2026 were missing Q4? So that explains a lot. But I'm going to ask you, what are you seeing to predict how we're gonna finish? Are we gonna see a slight amount of growth year over year in our actuals from a revenue perspective or do you expect it to go slightly down?
For this year because we did a budget adjustment at mid-year, we increased the revenue and we will be right at that number. We might be slightly under I'm looking for just a general statement, like what falls into that bucket? Actually I don't.
It was like 884,000. Huh? It's the one that's 884,000? Yeah
um I didn't bring my laptop and I had it actually open we can bring that back okay in the 22nd.
It's a big number yeah oh it was number I think we stacked ring it was fourth down from top right so it's in the top five
The projects line incorporates over several departments of projects that are going to be done, such as large repair and maintenance projects that aren't necessarily considered capital projects because we're not purchasing anything new to capitalize them. So when you're doing repairs on pipes or well that's the water fund but it's a program within each department programs where people budgeting different I don't have the exact projects in my head but It's over several departments parks and rec public
works I'm sorry, and I misspoke it was five hundred eighty eight thousand But could we get a couple examples of that in for the
yeah? I actually had it like pulled it up in open gov Okay, but I didn't
And then just two other questions on the Measure U numbers, because we haven't heard from that committee address the Council. I just want to verify that the numbers that we saw attributed to Measure U in particular the $770K for the pickleball and the weed abatement and fire abatement combination, that those were approved and ratified by a Measure U committee?
Okay.
We do have a Measure U committee here. Frank, do you want to say anything on that? I can vouch that yes they were.
Tend to merit for not paying attention.
Are you watching the Dodger game? It's
like student in the back of the class.
Did the Measure U committee ratify
Yes.
Cost budgeting for the Parks and Rec.
Thank you Frank, we do believe you.
Spurs are up.
Would
you mind waiting for public comment? Sure. Just one minute I'm just about to open that up so thank you Mr. Murphy
I just wanted to comment to a lot of questions about the CIP. As I mentioned in the past, I've asked staff to look further down on the horizon. We're only partway through the process of water and wastewater fund are there. The other funds are not yet so but one of the reasons why we've got these preliminary numbers in here plugged into places where in a perfect world they would go is to demonstrate the need to the council, to the community.
There's a lot of stuff that needs to be done we have ignored our infrastructure for decades not a couple years for decades And, you know the chickens are coming home to roost. These these are things one of the things I've asked staff that and we haven't gotten there yet but what I've asked them to do is kind of what Councilmember Orono was suggesting and Infante were suggesting What is the drop dead date?
We're going to identify these things, because obviously every year you wait it costs more. So what is... okay this is the preferred or ideal wish list time and this is what it's going to cost. And we're going to try and get grants. We just had a Zoom call earlier today with our grant writing agent about some money, to get some money to do some repairs on the Allensdale Road bridge over the river for a few million dollars.
We're trying to get a grant for that, but at some point we're going to have to stop waiting for a grant and do it. And when is that drop dead date? What is it gonna cost if we wait? So again these are reasonably accurate numbers for what we've got in here And it shows is when he pointed out this graph so that number but the fund balance drops way down, but we are trying to get grants. We're looking at opportunities for cost savings one of the things I've been talking about with the other city managers as we meet once a month is coordinating our public works projects so that when the city of Solvang is doing a slurry seal, maybe the county is too or the City of Buellton or some adjacent jurisdiction. That if we bid the project at the same time, we might attract to grant it or the bigger contractors and save on the mobilization costs because they're coming and working and doing three or four jobs in the same area.
So we're looking at ways to consolidate, working smarter not harder making the money go farther. These are very early discussions but it's something that I think has some potential
27-28 Water Fund and Wastewater Fund At the end, it's projected that there'll be a negative fund balance. Well we can't do that so we have to figure out how do we make keep that positive? So one way is to you know look at other revenue sources and then do the utility rate study because we can't have that Capital Improvement Projects I want to open it up to public comment now. I don't have any slips, but Frank did you have a comment?
2:52 – 2:588 turns
We did diligently look over all the Measure
U funds in our previous meeting and made sure It all pertained and went the way it was written in the ballot measure. It basically does end up going to general funds but there's nothing being used for any administrative costs or anything so it all pretty much was in line with the way it was written, the way it was used. I am a firm believer that it is a good I'm going to go ahead and pass the motion.
That's why I'm on the committee. I did vote against, so I want to make sure it was done right and I've been very happy with how it's gone and how well you all have done. So I do want to thank you very much. It's doing what it's supposed to do.
Thank you. Is there anyone on Zoom or elsewhere?
Yeah, I just wanted to make a comment about the public works projects and everything that are in there one of the things that because of the The impact fee assessment that we are working on We wanted to try and get all the projects that we have in all of the plans the ATP plan the PMP All of that stuff In there, as well as some of the traffic mitigation stuff along Mission Drive. In my mind I just wanted to have a placeholder in the CIP should there be a large development that comes in or would it not? We'd have some grounds for our requests for any sort of development impact fees and things like that we would try and Get from the development when it comes through so that was a.
effort to just try and have every project that we've said in every plan, and then also any kind of things that we've talked about but not necessarily a lot of the stuff along Mission Drive. We're beholden to Caltrans so we're somewhat of an impasse as far as what we can do there currently but I think it's worth having it in there as a Good evening mayor and council members. Can you hear me? Thank you, we can
My name is Fatima Lopez and I currently serve as the city's HR specialist. My intention was to be present in person to speak on this, but I have a two week old baby now as well as two older kids and that made it a little harder. I noticed Wendy skipped over the recommendation to eliminate my position in her staff report. Is there a reason?
This is public comment. We're not going to respond to any questions right at this moment.
It was a bullet on her staff report. So I wanted to make comment after reading, I found myself agreeing with much of what was written in the city's administration workload has increased and that employee recognition and retention efforts, the personnel policies need updating. And I agree. In fact, these are many of the responsibilities that I have been performing and supporting as the city's HR specialist.
What concerns me is that the staff report identifies an increasing need for human resources support, yet the recommendation before you is to eliminate the position specifically dedicated to human resources. The report does not identify a lack of need for HR services. Instead it describes the growing need for those services. I am also concerned about the timing of this proposal.
Earlier this year in March, I requested remote or hybrid work arrangement due to my approval in foster care My understanding was that the city manager was initially supportive of exploring that option. However, the request was ultimately denied after discussions within my supervisors. Then on May 26th I began approved foster placement leave during that process. I overheard my supervisor speaking to another director stating that I was wrong for taking leave in the manner that I did as an employee those comments were troubling to hear while exercising what I understood to be legally protected right to take family leave Approximately one week later, I received notice that my position was being recommended for elimination.
I am not asking the council to draw conclusions from these events. However, I am asking the council to recognize why this sequence of events raises concerns for me and why I believe this proposal deserves careful scrutiny before any action is taken and asking yourself what happens to the return-to-work rights of a permanent employee currently on protective SEPHRA FMLA leave?
Thank you for your time.
Thank you. Anybody else online? I'm sorry, I missed that one. Any others? Okay then I will close it for public comment and bring it back to the dais. Quick question I had on this was Your objective, the outcome you want for tonight is direction. There's no motion here to be made at this point in time?
2:58 – 3:0514 turns
The recommendation would be to provide direction to staff and authorize staff to return with the final budget for consideration at the June 22nd meeting.
Okay I'd like to, our two council members that were on the board or on the ad hoc that was Ms. Smith and Sarona have you any input or insights about this that you enlighten us or give us any kind of epiphany?
The epiphany is that it costs a lot of money to maintain a city. But I think, well for one Solvang has proven to be particularly resilient in a way It is problematic that most of our revenue comes from tourism, but on the other side it's also a blessing that people from all over come and support our town. And that's always the balance, you know balancing the needs of the residents and also catering to our visitors which ultimately allow us to pay for a lot of the services that we provide.
Traditionally, we've been pretty fiscally conservative so we are in a position that many cities would envy but at the same time it's great to see all of this information and see how much. you know, our infrastructure cost to maintain so that we can keep making the best decisions that we have based on this data. So I think that's what we have and it's great to have these forecasts like we say so that if we have a wish list and then we can make the best decisions that we
Ditto. But I mean, I want to thank Wendy and Jason and Clow and everybody on the team to put this all together because it does take a lot of money to run a city. And I think our city manager is on point that we've put off a lot of things that do need to be taken care of. If we keep putting it off, we're going to spend more money so we just need to get through this.
It's a little sad to see where I just want to commend the team for putting this all together and so I really don't have any other insight. Okay,
well thank you. Mr. Murphy you had a question? I
just wanted to comment on the question or the comment that was made a moment ago. Wendy, I'm gonna put words in her mouth and I know she intended to mention it but she got a little tied up in the numbers and neglected. It is a recommendation as my recommendation not anybody else's We need to upgrade the position and make it more inclusive of some higher level HR responsibilities. That is why the position was recommended for elimination and replacement with a management analyst The net effect to the budget is about $22,000 a year.
It's certainly something that can be absorbed and is in the budget as it's that number. It's unfortunate that somebody is going to lose a job out of this. They will be eligible for unemployment benefits, etc., assuming the council agrees. But that's one of the things tonight that you're not making a recommendation to do this specifically but if you want to change that you need to let us know otherwise the final budget coming back to you in two weeks will include the elimination of that position
I have one more question. We increased our lifeguard and support for the aquatics program. And we know that's going to be a permanent requirement and it'll probably scale once we get to the new facility. When we get there, that will include operations and maintenance items so did we plan for those items as well?
We do have those items in the budget yes
And that also speaks to really what is a permanent increase in our headcount. And we need up-leveled management capabilities and skills, so I see that as maybe a little behind on the requirement.
Thank you. Mr Murphy?
I just wanted to add some of the things that, I didn't mention all the details but our employee-employee relations resolution as a Star Wars geek, I want to call it the E2R2 has not been updated in over a decade other personnel policies have not been updated for years there are policies we need to do based on changes in labor law and I could go on and on with the list these are things that I recognize When I began here three years ago, and I know Wendy has been trying to get it done but she doesn't have the bandwidth to do that and keep up with all the budget requirements. So we need somebody with HR expertise that the incumbent position, HR specialist does not possess, does not have the education that's required so it's unfortunate like I said but it is a necessary step to get us moving in the right direction.
Thank you I think unless anybody has any objections, do you have enough to move forward with this for the next meeting? Okay. You're just looking for direction and I think you've gotten it enough feedback here to move forward with that. Thank you
we'll move on to item 8B would you read that into the record please Madam Clerk
Direction to staff to initiate the State Route 246 aka Mission Drive relinquishment process with Caltrans District 5.
3:05 – 3:123 turns
Good evening Mayor and Council Members. This item is going to ask for direction on whether we want to explore something that the City of Solvang has never done before, and that is taking local control of Mission Drive through the center of our downtown which is also State Route 246 We're not asking Council to commit to taking the road, we are asking for permission to begin a process. We're asking for permission to begin a process that would tell us whether this is worth pursuing Thank you for doing it.
This comes up because Mission Drive is the city's main street, but the city does not control it as has been mentioned in previous presentations tonight and and in the past It's owned and operated by Caltrans District 5. And almost any change that we want to make, retiming a signal adding a crosswalk changing adjusting the lanes needs Caltrans concurrence and oftentimes encroachment permits That's a barrier to council goal number three of the council adopted goals which direct city to improve traffic, pedestrian and bicycle circulation on State Route 246.
As long as the city does not hold the road, the goal stays largely out of our hands. These are a few numbers that the residents feel every day and that includes 21,000 vehicles today through downtown At peak times on weekends, holidays and event days traffic between 5th Street and Alicell Road slows down to 12 to 13 miles per hour against the 25 mile-per-hour limit.
And it backs up drivers and traffic onto residential streets on both sides of downtown. The stretch in question is only about a mile and a half, actually a little bit more. And that short length is the amount that we're looking to take on. The city has had a working relationship with Caltrans and we intend to keep it that way. District 5 has come and walked the corridor and Caltrans traffic signal assessment is underway We have been denied a state planning grant twice for improvements along State Route 246 and Randy just noted one of them.
We've struggled to fix the road after a water main break We're trying to run a camera pilot to build that data that we need, but we can't get the cameras on the poles because they belong to Caltrans. And relinquishment is just one option that the city wants to understand and we want to continue our partnership alongside of that. However the council decides to proceed staff will continue to coordinate closely with District 5 So it's a long process and the city gets to set the pace. If the City Council gives direction tonight, here is what the path looks like.
The city sends Caltrans a letter of intent. Caltrans then prepares a relinquishment assessment report that studies whether that segment still serves the state transportation need Once the state decides relinquishment is in its interest, the legislation and negotiated terms move together and California Transportation Commission makes the final decision. Caltrans has estimated this timeline to be between three to nine years and the city can stop the process at any time but tonight's decision would start the clock and it doesn't lock the city into anything if we decide not to proceed This has been done before and it has been done in a couple of examples include Chino which took local control of stretch route, of a stretch of Route 83 in 2025 where Caltrans paid 18.8 million dollars and Santa Barbara took over Route 225 back in 2014 for about a million dollars In each case, the state was already willing to let the road go.
Chino because the neighboring cities had taken their segments first and in Santa Barbara, the state did not need the road because it was a loop of Highway 101. Our case is harder And Solvang is not in the same position. The State Route 246 does not end at the city limits, it continues east to Highway 154 and west through Buellton and to Lompoc. So the City would be asking the state to give up a route it still relies on.
Chino and Santa Barbara were different because those were roads that the state was already willing to let go of. We want to identify whether or not this is something that would be worthwhile for us. The benefits are we would set our own signals, our timing, our crossings We'd be able to make the circulation changes that we'd like to make. However, what we would take on would be of course a maintenance and that maintenance cost in perpetuity and the liability for that stretch road And we may, if we went this way, we may or may not get a one-time payment that could cover some of the costs. But this permanent responsibility would not be able to step back from.
Once we do it, we wouldn't be able to ask the state to take it back. So tonight's recommendation is for staff, for staff recommends that the council direct staff to begin the relinquishment process. To authorize the city manager to execute the necessary forms and staff will return at each of the steps for to ask for council direction and authorization on all the decision points And nothing commits any funds, so this one won't cost you any money at all today.
And it doesn't commit the city at this point to take on the full responsibility of the road and that concludes my staff report
Do we have any idea what the annual cost would be
to maintain that?
3:12 – 3:2124 turns
That's the purpose of this conversation. My understanding and talking with the council members in Chino at that conference I was at in Sacramento a couple of months ago is what started this process, this discussion led us here to this point. They received 18 million dollars when the state relinquished. And my understanding of the way that works is, that's accumulation of deferred maintenance and what they thought it would cost to bring it up to the standard. We could potentially also negotiate that they bring it up to a standard and then give it to us in any like new condition. That's typically how relinquishments work at least the one that I've been associated with. It's related to a bypass that's gone in and then the state comes in and repaves it and makes it all nice and pretty and then said here you can have it now.
Conversely, which I think what they did in Chino is that was the value of the deferred maintenance and they received a lump sum and then left it up to the city to make those improvements. But in any case that's all part of what we are going to be learning and bringing back to you as we learn this information before we make any firm commitments
In this process that we have here, does it help to have state legislature representatives as a part of this? Letters of recommendation or things of that nature? Or
even a bill. Yeah, yeah. As part of that legislation part which was like step four in the process it does have to go through legislation and a bill and so we would want to have our state representatives be supportive both of which Assemblymember Hart and State Senate Representative Monique Limon Thank you very much.
Okay, because I know with Caltrans we've been trying to get a protected turn signal for as long as I can remember you know probably a decade and still don't have one. Still don't have any promise for one so I like the idea of having it in our control. We can First off, would we have control of the road from border to border? Not beyond. So if we expanded our borders do we have to go through this process again to expand our control?
Potentially, I would think we could maybe word the legislation in such a way that if we grew either direction in the future that we would automatically get that additional real estate without having to go through the process. But I don't know how that would work.
The turn signals, the lights.
So we don't have the equipment or the expertise to maintain the signal so we would likely contract with Caltrans to do it there may be other businesses that do it I actually inquired When we went on our tour with Lompoc PD last week or two weeks ago, I asked Dane if he had staff to do that. He said he does but also the state also maintains the signals on the route, say highway
route. A lot of these questions are what we would be learning as we go through this process.
Well I looked at your map of going through the process and it looks like it's a minimum of 2 years.
The state put it at 3-9 years?
Yeah, like I said. Okay so it's nothing that we're going to hear about and we have to make a decision on immediately but there's a million questions with regard to you know if we have to pay for it pave it if we have to take care of the lights if we have the crosswalks all parking all of that is part of controlling the road I assume and that's something we'd have to look at thank you
Yeah, I'd be interested to see how often they do improvements on the road so that we can get an idea of how much it would cost the city if we were to do that maintenance ourselves. Also, I hope that within the next three years they have a big project plan so that we don't have to cover it.
Yeah, that would be part of the exploration.
I just have a question. No, I mean, I think we need to investigate and investigate thoroughly. The only thing about Chino is I would wonder if it's such fresh legislative change if they have any real you know after the handoff in a year or two of those experiences if they had any regrets or you know surprises and that would be the thing I'd want to take as a learning so we'll have to be really good at asking all the questions we could possibly think up And if we end up contracting back to Caltrans for things like managing and maintaining the traffic lights, because it's probably software driven and it makes sense to outsource to them.
To me, that example is one of the things we need to control. We need the control of the wayfaring and the sequencing of the signals and how often the pedestrians are interfering with those signaling. 21,000 cars. I swear sometimes I've been on that stretch and it feels like they're all there right now when I'm there too. But the goal is to change the feel of our thoroughfare really for visitors and residents and the people on either side of the valley that have to traverse.
And if we can't really achieve that, that should be our ultimate objective Can we really, as we assess this and look at all the maintenance and obligation implications but if it doesn't really improve give us control of approving that thoroughfare. The money's going to look interesting as a depreciation value but it really just becomes probably an accounting transfer as depreciation right? It's not general fund kind of thing.
There'd be a state thing I assume or Caltrans but we have, I mentioned the turn signal but we also can't put our cameras up on their post are there without and you know another 20 grand of engineering for two pound.
8
pounds. 1 pound camera, and also we had a mainline break and we can't fix that road if we still have steel plates a month after it broke because of the engineering requirements and whatnot that they have imposed public comment and bring it back. I like the idea. I want to, I'd like to see it germinate and see what it is and what's going to look like. And I agree with Councilmember lookout for the unintended consequences of this potential move. So any other feedback?
Oh let's
look
into it.
There's a recommended motion to allow the process
to begin. Okay, let me see. Oh if you'd like a motion I think... I'll make a motion, I'll make a
motion. I move to direct staff to initiate the SR 246 mission drive relinquishment process and authorize the city manager to execute the necessary forms and return to council with additional information.
I will second.
Okay it's been moved and seconded to the recommended motion on item 8B roll call please
Roll-call vote Passed 4–0 motion on item 8B roll call
Show transcript
3:21 – 3:3325 turns
Motion passes 5-0
Thank you We're
moving on to item 8C if you'd read that into the record, please
Discussion of City of Solvang's Code of Ethics for City Council and Advisory Bodies
Thank You staff report
Thank you Mayor, members of the Council. This item is coming back before you to implement or provide suggested edits to the Code of Ethics consistent with Council's prior direction. The main or the recommended or proposed Edits are to section 8, to add more language regarding affirmative disclosures to the City Manager and Council for Council members' reportable financial interests.
Including not just on their Form 700s which this language if approved by Council would require The city manager to provide the form 700s of all council members on an annual basis to the council. But it would also put an obligation on council members to, during the year report when they acquire new financial interests to the city manager within 30 days of that interest becoming you know at the beginning of that interest and then the city manager would report those new financial interests to the council on a quarterly basis to try to balance the burden of having to report on an interim basis with providing the council with up-to-date information about the body's financial interests. And then, the second bucket of changes is to Section 18 and that is to include a A process by which the ethical ethics code could be enforced through sanctions against council members and or advisory bodies, but this would be even for advisory body members.
It would be the City Council that would be taking any sort of Okay, thank you. Any questions of staff?
I just want to clarify this is for the council and advisory bodies. Yes,
the reporting requirements for section 8 that are new such that the city manager would provide the form 700s of all council members on an annual basis and the requirement to in the interim of the year report new financial interest. That would only apply to council members but the ethical obligations and the sanction provisions would apply for to advisory body members as well.
Should you adopt that language? I mean, we're here to discuss it so if the council wishes something else we can change it.
Yeah, I had some interesting perspectives of it I can think of a couple scenarios in the previous administrations here in Solvang where there was a mayor and a city manager, the history of that example. How would this have prevented those issues? I don't want to throw anybody under the bus with regards to names, but there was a previous mayor and city manager that was rather tight. And I'm not sure that this kind of policy would have changed that situation.
It was not for the betterment of Solvang. Would this have made it better?
I can't really speak to
that. We're putting a lot of responsibility on the city manager to make calls of this nature and I'm just saying those calls wouldn't have been done in that scenario. I don't perceive that it would have been done in that scenario. The, I anticipated that there was going to be some additional add-ons to the finance and reporting aspects of it. But this goes a lot further than that.
The paragraphs in number eight, the last two paragraphs are predominantly redundant with what the FPPC has. And so I'm saying why are we having repetitive nature here with what's already required. So I'm not seeing where it's either stronger or otherwise on this particular for those two paragraphs
you're correct that the scope of what's being disclosed is what is reportable under state law. That was intentional and I'll get to that in a moment. The, I think the difference or what's an add-on perhaps is under state law you know all of you and other myself included have to report on a form 700 to the state this I mean anyone can go look up those form 700s they're public documents This adds on the fact that it's going to be affirmatively all the city council members you'll be a permanently affirmatively provided. The form 700 of your colleagues and there would be disclosure on an.
Like in the middle of the year of new financial interests, which that's a timing thing. It's things that you would disclose on an annual basis but this is an attempt to respond to the concern that we heard that there were new financial interests coming about that the council wasn't timely apprised of and so this was an attempt to try to balance That with the annual requirements that are there already there and yes form 700 are certainly already available and so in some ways this is.
Maybe a little belt and suspenders, but it's more affirmatively getting the information in front of the council and at a more frequent
timing. Correct me if I misunderstand, but Form 700 is supposed to be resubmitted for any modification at that time? Not biannually?
Well you
have
to report every year.
No, but if there's a modification to it you have to report it then. So I'm not seeing how putting it in front of everybody every six months improves the situation When they're supposed to be reporting it, then it might be that you wouldn't learn about it for six months if that had just gone by. But it's incumbent on each individual to fill out that again for any modification to their compensation or sources.
Is that correct?
Yeah, I mean we're not... yeah the Form 700 requirements are. This is not changing that. I think what's different is that It's just suggesting that the city manager would be providing those, that information to the council rather than if any council member wanted to know they would have to go look it up. That's the
way I read it is exactly that. It allows the council and the staff to be more accountable to each other because there's a proactive action once an F700 change is made So instead of leaving this out of our hands in third party or FPPC processes, it allows us to hold each other accountable at a frequency that's less than a year. Or on demand.
If nothing's happened in the year, it's busy work. We're doing it again and the clerk was very proactive and trying to obtain more interest in public service and if you're interested in being elected this is what the objective was to get more people into it And we keep throwing up additional barriers for individuals that...
I actually don't think this is a barrier. I see where you're going, Dave because I think we're such a tiny town the overlap of sources of income and property to public service it should be expected. It should be It should be seen as a transparency but not a disqualification. And so if we have these processes in place, we're assuming that's okay. We are assuming that you're going to report it and we're gonna all know about if we don't already know about it.
But I think that's a natural thing for such a tiny town.
Well, and the other words that I have in difficulty with is that the one we're putting on. In my opinion more responsibility for a city manager that is probably not of any interest whatsoever but The other thing that's in here, I tried to highlight this stuff and didn't say it all. In the scope it says the section applies to alleged violations. I think they should be explicit and identified.
In Section 18? In
Section 18.
Well, the reason why I use the word alleged there is because That this is the process by which council would go about proving a violation. So until there's an investigation and the person, the council member or advisory body member that has been, is being investigated has an opportunity to speak and be heard. And then the council has to actually make that finding. And so that's why the term alleged is used at the beginning of that process.
It's not that there would be a sanction imposed for just an alleged violation.
3:33 – 3:459 turns
Handcuffing other people or making them do the busy work on, you might allege that I've got green hair on Thursday. I don't have the time or effort and I don' know about other people to go through alleged issues. Anybody can make any alleged item that they wish and I see this as kind of a It's up to the City Council to bring about issues on the other boards, but the other boards don't have the power to bring up their own individuals or others.
So I think it's an overstep quite honestly that is already duplicated in the FPPC and I just have issues with The language and particularly those last two paragraphs are redundant in my opinion. In 18, the fact that it says alleged as opposed to explicit or or documented violations. And then it says, alleged violations of state or federal shall be referred to the appropriate enforcement agency by who and which agency would that be?
And then like I said in 2I, It says council may request that an alleged violation of this code by another council member or advisory board be placed on a future agenda item. I don't see why we're putting alleged issues on the agenda item if we're just doing investigation, it should be explicit so that's my thought process on that and anybody having
I would hope that everybody here acts in the best interest of the city, but you can also see how these could get abused on political games. 2-3 or 3-1 don't like each other and we want to give a particular council member a hard time because we disagree with them in whatever issue. And while I don't think anybody here would waste staff time and city resources that way, I could see how that could be abused.
Also, I will say that while I think it's commendable that we all want to keep each other accountable. Ultimately, we are elected by the public. We are accountable to the public and while Another council member might not find our opinions or decisions favorable. We are acting in, or we should act in favor of our constituents, not our colleagues and again while I don't think this council would abuse this particularly, I can see how these could get abused to just target or bully a colleague just because We don't like them, we don't like their opinions or something like that because these can be brought up on allegations not even facts just allegations and then we're talking about bringing in a third party an investigation. We're going to spend more time and money on an investigation on something that may or might not be happen while we have tons of other things to worry about.
I do wonder if we can make statements as a council on the actions of something that we find reprimandable, I do wonder if we can do that without having the procedure You know to do that, you know we can make resolutions on things that the council believes to be true. So I do wonder if We really need this
Can I just ask the attorney to make a comment on whether this could be weaponized for political use? This is really about conflict of interest, is the way I read it. This is really identifying if there's a financial conflict, real property source of income, interest This is nothing to do with an opinion or a political position, or even I think you suggested maybe like didn't like the way you voted.
Can you just comment on that? The scope of what we would find applicable in this ethics code.
Certainly, and I do want to focus on them. Any questions you have for me before we go to public comment? Though I think we're getting into a healthy discussion about the item as far as the So couple of things in response to your question councilmember Rona that the section 18 applies to violations of The code in its entirety so that includes the conflict of interest There is also other provisions in there that relate to other conduct. Conduct at public meetings, gifts and I guess that's more of a conflict of interest.
It is slightly broader but not necessarily about decisions. Let's list what it is. Conduct which kind of helps us be civil. Conflicts of interest which is really around We do leave it to FPPC. what they're doing or that they're taking any action. That's the point of being accountable to each other and maintaining public trust so we can continue on with business of the public.
If I may respond to the other part of your question. In, I think in general there with ethics codes there is a risk that they be weaponized public politically and you know I noted that in the staff report and in the prior presentation as well we've You know, one way to deal with that is to have a self-enforcing ethics code which is what we currently have in the sense that you are all just beholden to each other and yourselves to follow it but there are no affirmative actions that council can take to discipline someone for violating the ethics code. Because if there's no disciplinary action, there's no way to weaponize it. That's one way to solve it.
However some cities do... I mean it's not uncommon have an enforcement mechanism like this where there's Sanctions that can be imposed and including you know censure or removal from your committee assignments as a way to Be able to ensure that there's compliance with the ethical standards The things that we've tried to do to lay out a process that's fair and not as subject to potential misuse are to have this process where there is, you know, that you have to put it on the agenda. And you have to do an investigation to make sure that if... To make sure that there are facts to support any allegation.
That the person being accused of violating the ethics code has, you know, a right to respond and be heard on the allegation Um, and including that any vote for a violation has to be an affirmative vote of not less than a majority of the total membership of the council. So that's regardless of you know if there's somebody absent um that and that ensures that there's never going to be a point where there's only two members voting to find a violation of the ethics code. And further also that the council member who's or advisory well I guess it'd just be the council member who is You know, being accused of a violation can't vote on their own motion about their violation of the ethics code. Because we've had that happen for another client and it was very awkward and wasn't a good look for the city.
And I think further undermined, you know, just further undermines public trust when you have someone who's being accused of violating vote. No, I didn't like on this, on the resolution about their conduct. And so we've tried to put in procedural safeguards through this process. And so, Member Claudia Rona, to your question of whether we could just have a Council resolution to reprimand or publicly admonish Council members without this process...
You could, but I think the flip side of that is that having those procedural checkpoints is part of what in my view protects against the potential abuses. So it does seem like you know maybe a lot of process but that was sort of intentional to try to formalize it so that it can't- it's less able to be weaponized So there's this due process built in and it's not just you know, somebody can make a motion and say we reprimand
you. And then you didn't comment about the right to respond but there is a right to respond.
There is a right to respond I mean, I just wonder again note that I think anybody here would abuse it but then do you want to spend the time on requesting somebody on the agenda put in May findings Get an investigation, get the accused to respond. Do you want to spend all of that time just to basically get a slap in the wrist? They're not going to get removed from office. They might just get removed from a committee and get a shame on you letter. So is all of that worth The hassle.
I will say with respect to the advisory bodies, just to your point that's one of the reasons why we have council make the decision to sanction the advisory bodies is because they are appointed by the council and so for those you could remove an advisory body member as a consequence of an ethics code violation but you're right that council members as elected officials by the voting public they cannot Mr. Beebe, you are recognized
3:45 – 3:5025 turns
I see that Denise Almein gave us a slip, but she's no longer here. If she comes online, I'll accept that. Thank you,
Dennis. Go ahead. Good evening Mr. Mayor. Council members thank you for your continued service to our community. I will admit, I didn't read line by line this proposed ethics standards and process. But advisory body, the term, I hope it's defined. You quite often ask citizens to join committees and advise you. comes to mind, and I'm reflecting the mayor's comments. You don't want to discourage participation from the citizens when you're asking for their time. Are you also asking them to also file a Form 700? Hope not. Anyway, just wanna make sure you clearly define the advisory bodies. I can think of two that are kind of permanent, right, Planning Commission I'm going to close it for public comment.
And move on.
So I just want to respond to that advisory bodies appointed by the council or the Planning Commission, the DRC and the RMOC. All the other, the UBEC, the IRRC and whatever else we come up with are their committees that there's the city they're the Recreation Master Plan is another one just popped in my head Those are not appointed by Council, so those are not advisory bodies. They are helpful in the process but they're not required to do FVPC things because they're not formally appointed by the council that would be appointed by either myself, the city manager or one of the department heads that might be asking for help on a process
Thanks for clarifying that Randy. So just to be clear, those particular advisory boards that would be subject to inheriting these changes are already filing F-700s and already subject to Brown Act? Do they also sign the ethics? Okay so they're already on boarded.
Do we have an idea of how much time looking at this every quarter? I mean, how much time it's going to take if everything is above board and...
I don't anticipate that it would take much of my time. It might take some of Ann Marie's time but that stuff we do already anyway on a maybe not on a quarterly basis but on regular basis
Do you take note of recusals? I don't see a change in the process. I could be wrong. How often do we file changes to our F700s? It's minimal impact.
Yeah, just one academic issue you've got two number 18s in here you didn't notice that I presume oh there it is yeah I didn't know if we were supposed to take out the prior one or change the number on the second one
I meant to have just that first, like the current section 18 paragraph just kind of stay there and then start with a responsibility.
Okay,
yeah.
Well you changed the, well all right I'll leave that to you
but... I can make with your direction, I can make that edit and you could still um
approve
everything. Approve yes thank you for catching that. That's a casualty of making uh the drafting the procedure for the sanctions in a separate document and then bringing it over so thank
you. You read enough of this stuff and you find these things you know? It's not my fault
I stare at it and stare at it, and then I need somebody else to come with fresh eyes. So I appreciate it. Thank you
You know, I'd get a job
No We're
pushing against the hour here so let's uh Let's move this up forward if
I'll make a motion to approve the recommended changes to the ethics code with the correct correction to, is it section 18?
Delete their redundant section 18 heading.
Yes.
I'll second that.
3:50 – 3:525 turns
It's been moved and seconded for approval of this draft of this Code of Ethics modification. Roll call please
Roll-call vote Passed 4–1 moved and seconded for approval of this draft of this Code of Ethics modification. Roll call · 1 under review
Show transcript
Motion passes 4-1. I'm
sorry, I still think it's an overreach, but thank you. Let's go to closing comments
Did we know who won the basketball?
I would like to offer a congratulations and those that are fathers, happy Father's Day this month. I think that is before our next meeting. We are adjourned at 916.