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.0:06 – 0:134 turns
Good evening everyone and welcome to the June 22, 2026 meeting of the Solvang City Council. Please turn off or silence your phones and we'll get underway. Madam Clerk would you read the roll call? We're beginning at 630. I know you like this having me put the time in the record. Would you call a roll call please?
Roll call — called by Unidentified speaker 2
Show transcript
Thank you
We have a proclamation this evening, which is bittersweet. It's the retirement of one of our own here in the community and so but it's I know it's a good thing too. Proclamation for Anne McCarty Retirement. Whereas after more than 30 years of dedicated service to the North County Rape Crisis and Child Protection Center, including 10 years as Executive Director, Anne McCarty is retiring. And whereas throughout her tenure, Anne established essential partnerships in Solvang and across Santa Barbara County and was instrumental in the integrating human trafficking advocacy into the center's mission.
She has served on the Santa Barbara Human Trafficking Task Force since its inception in 2012 and is currently a member of the leadership team. And whereas her leadership fostered key collaborations with AAUW, And peddle the Pacific to combat human trafficking. Additionally, Anne has been a vital presence on the Child Abuse Prevention Council, Kids Network Executive Committee, First 5 Communications Committee, the K-12 School Action Group and the Lompoc Youth Violence Coalition. And whereas Anne supported by her husband Bob has made a profound difference in our community Now therefore be it resolved that I, Mayor David Brown along with the City Council of the city of Solvang California do hereby honor Ann's leadership and acknowledge needed to open doors in her efforts in working with the residents of Solvang to educate people on the issues of rape sexual assault child abuse and human trafficking.
And witness thereof, I have here unto set my hand and cause the official seal of the City of Solvang California to be affixed this 22nd day of June 2026. Ann, congratulations and thank you so much for all you've done.
Only a few? You know when I stood here in April, I thought well I probably should say something since that would be my last time in front of you. I never imagined that anything like this would happen. Mayor Brown, members of the City Council thank you so much for this honor You know, when I announced my retirement back in October, I thought, gosh, June will never get here.
And here we are, June 22nd. I've got six days left and I'm nowhere near being done. Part of me feels like I'm nowhere near being done with my career but I know it's time to step aside and let the organization continue to flourish under new leadership And I'm excited about that. I'm excited for our new leaders to continue to work with City of Solvang officials, with community members, with other nonprofits that are here in the Valley and I'm just so appreciative All the years that I've had to be able to work with individuals in this community from other community leaders, from other nonprofit leaders. You know what it takes?
It truly does take a village in order to do this work. There's absolutely no way We could do it by ourselves. And every time I stand up in front of you and I say that the City of Solvang has taken a stance against sexual assault, child abuse, human trafficking, exploitation, I mean that. I see it in the brochures that you have around town. I see it in the signs that you have on your doors. I see it in the messages that your other community leaders are spreading, so I thank you.
I thank you for allowing me this space to come in front of you a couple times a year and especially tonight. This means so much to me. You know, I take Xanax so I don't get emotional. I'm just kidding. I am trying my best not to lose it like I normally would simply because leaving is hard. I have thoroughly enjoyed the last 32 years, maybe not every single day. It's kind of like when you say, I love my husband but I don't like him very much right now. You know, it's kinda like that It's like what I heard.
See, my job is like that our job is like that this work is hard but once again there's absolutely no way that we can do this work in this community without your support and we are truly thankful and grateful for lifting us up when we needed to be lifted up and supporting us all along the way so thank you thank you so much
0:13 – 0:209 turns
Thank you, thank you Ann and congratulations. There's going to be a huge legacy to fill on your behalf but you've left a great path for those to follow so thank you for that. Okay we have no presentations but we do have some. We'll move on to public communications would you read that in the record please?
Agenda Discussionitems moved / continued / pulled — click to expand
At this time you may address the council on items not on the agenda and on consent. Time limit is three minutes, we will start with in-person
public comments first.
Okay thank you Denise Alameen followed by Bill Ballou
Hi, I'm Denise Ellamine and I am here to talk about some of the consent items. So the one thing that I wanted to talk about was the crossing guard services We're paying $150,000 for two years and we're paying a million five for sheriff contract for the police. So I'm kind of confused that why aren't the police Supplying the guards, I guess this is for Christmas when you can't turn a corner without somebody walking through. So my thing is and you guys it's on the consent agenda so you're just going to say we approve it and then it moves on.
And the second one is the agreement with Carrillo Engineers. And this is for the WWTP, which is the Water Quality Project. This particular engineering company was hired back in 2020 and I think we're in 2026 And it appears that we have a pattern here in Solvang, that we extend contracts with no additional charges. And then once they come up with more charges, then we extend the amount of money. So this is extending his contract But there is no dollar amount to it. The next time they come on the consent items, then the dollar amount will be there. It would be nice if we could do it all at the same time and not in increments. And also I read that the water, the WWTF, I want to make sure I have it right because I'm always being said that I am not telling the truth.
This is the long-term outlook. The budget highlights the importance of continued fiscal discipline and long term financial planning while the fiscal year 2026 operating budget remains balanced, the city's forecast through fiscal year 2036 shows growing pressure on the general fund water and wastewater funds are projected So, I just want to say that We need to do better.
Good afternoon, Mayor Brown, members of the Council, esteemed guests. Thank you for the opportunity to speak today. My name is Bill Bulow, General Manager of the San Ynez River Water Conservation District. I'm here today to talk about the most recent objection letter dated June 12 from the City of Solvang concerning the conservation district's rate study Each year the district must do a rate study to comply with Proposition 26 and to set its groundwater pump charge for the next fiscal year.
This year, the primary objection of the city was the misinterpretation of one sentence on page six of our rate study in which the term right-to-pump was conflated with water rights, which is a whole different topic. Regarding the city's water right, the Conservation District very much agrees with the city that it does not or cannot grant or take away water rights.
In consideration of the city's objection, the district's board made editing changes to its rate study and resolution during the board meeting last week. A copy of the change pages and the response to our objections and the letter from the city are in a packet I have here I'll hand out. We believe these changes address the main concern raised by the objection letter of the city and were made to the satisfaction of your staff who attended the meeting.
To be clear, the Conservation District protects water rights. An example of the district's commitment to protecting the city's water rights is that since 2023, the district has dedicated staffing and financial resources to support Solvang and its council with the permit of this new well during the state board administration hearing office proceedings. To date, the district has spent nearly $100,000 to support Solvang during these efforts.
Given the support the district has provided and our longstanding relationship, this overreaction to our rate study by city staff last week Monday's board meeting was both shocking and disappointing. This all could have been avoided and handled with a simple phone call. Rather than threatening litigation and devolving the relationship between our two agencies in continuing this disagreement, we must come together and work towards common goals and unite against the many outside threats to our valley's water supply.
The district has always been and will continue to be here to help the city As always, we appreciate the interest and collaboration by the City of Solvang on matters we have in common. And I thank you for your time.
Thank
you. Am I allowed to hand these
out? If you give them to our clerk she'll hand it out accordingly Thank you very much. Is there anyone online? That's the last slip that I have for public comment. Nobody online, anybody else in our audience? Thank you we're closing then Public Communications and
moving on to item four, City Manager's Report.
0:20 – 0:244 turns
Yes thank you Mr. Mayor, Council. A couple of items to talk about tonight We have the 4th of July event next weekend and parade, and I want to read a message that was published in our recent newsletter and will also be shared on social media circles as a reminder to our residents and anybody who might be watching or listening online. As we prepare to celebrate Independence Day, the City of Solvang kindly reminds residents and visitors that chairs blankets coolers and other personal items may be placed along the parade route beginning no sooner than 6 p.m on July 3rd To help ensure public safety and maintain compliance with ADA accessibility requirements, all sidewalks, curb ramps, driveways, crosswalks and other public rights of way must remain clear and unobstructed at all times.
Items placed in these areas or in a manner that restricts pedestrian access may be removed. Keeping sidewalks and public pathways clear helps ensure accessibility for all community members and allows everyone to safely enjoy the festivities. We appreciate your anticipated cooperation in helping keep Solvang welcoming and accessible for all. Thank you, and have a safe and enjoyable holiday." That's from our marketing and Parks & Rec group.
Also, I know there's been some interest expressed. We did a survey regarding the Freedmen's Board Canyon and the one-way analysis that was being done and that should be coming to a council meeting near you soon. I don't have an exact date and I apologize for the delay but there have been a lot of other pressing matters not the least of which was the budget and so we're getting real close if not at the next meeting certainly by the meeting in August Jennifer Cabello wanted me to remind everybody about the Golden Garden thing. I shared the video with you all last meeting.
Residents will be able to nominate themselves or even a neighbor Majority field deserves recognition. There are three categories, most beautiful celebrating outstanding visual appeal and landscaping. Most drought tolerant highlighting water wise landscaping and sustainable choices. And exceptional example of defensible space creating a landscape that protects your home while enhancing our community's safety That video, Jennifer said the spring would end on May 31st but actually it's been extended to the end of June. So please again nominate yourself or somebody else that you want to have the recognition and a link to apply is on our website and social media pages.
And that's all I have for now.
Thank you any questions of the City Manager?
Randy, did you want to make any comments about the fire at the Mission hillside or the open field? I think there was a lot of consciousness about that. And we're doing a ton of weed abatement but I want to make sure community is thinking through as we go into 4th of July weekend some fire safety techniques as well.
So we're in the process of working with the county and adjoining jurisdictions or adjacent jurisdictions, Billton, The Tribe and Lompoc about getting community wildfire protection plan. We've allocated funding for that in next year's budget which will be adopted hopefully later this evening and it will be a valley-wide look at I think you were wanting to So we had an incident recently over on the Mission property, where some disking was being done and it started a small fire.
And people tried to put it out themselves instead of calling 911 first. So fortunately it was not a particularly windy day. Had it been a windy day it would have gotten out a lot. Somebody finally called Thank you. Any other questions? Okay.
0:25 – 0:308 turns
We'll move on to item 5. Would you read that into the record please, Ms. 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. Anyone want to start off? Okay Mr. Alfonte
I attended the library advisory committee, the Santa Barbara Library Advisory Committee with a representative from Buellton and representatives from all libraries. For those of you that have kids who are familiar with it, Rainbow, Reading Rainbow has started again and they actually did a filming down at the Santa Barbara Library. So this is a national kids reading program, so it was very interesting. All the librarians thought it was terrific. I don't know anything about it.
Anyway that's it thank you.
Thank you. Do we have anything? Ms Smith?
I'm usually not so social, but I was rather social this last week. I was invited by one of the board members of the Lompoc Theater Project to tour the theater. So I did so and learned a lot about what they are doing and after that tour they did host a dinner at one of the local restaurants afterwards that I did attend I also attended the Santa Barbara Vintners annual meeting at the Marriott in Buelton last week.
Learned about everything that they're doing right now. Also was, I loved, I went to the first night of the new Susan Williams music in the park There's great attendance. I actually saw people I know from Santa Barbara, from Santa Maria so people were coming like far and wide and then I did attend the Elver Hoy Museum fundraiser at Vega Vineyard on Saturday night and Mark was there and Randy was there and I forgot to mention that one thank you.
And Jose was there. Thank you
sounds like a small group of friends we stayed
apart I also attended the second Parks and Rec. I want to say a couple of things. The way the meetings are being facilitated is really great and quite interesting because we're being asked to be thorough, thoughtful about what we wish we would have had from 20 years ago and think forward 20 years from now so that we are Not thinking of the project in a tactical way, but really what do we believe the community will need from a long-term investment and a long term recreation perspective. So I will say that the material will be shared in a future public meeting But it looks just really really exciting The ideas that are coming forward for the community so Make sure I attend all of those meetings. Also attended a dinner at the Senior Center, just their annual board meeting hosted dinner and got a chance to check in on that part of the community who's getting pretty excited about the Late fall opening of their facility.
Checked on the next month's agenda and still didn't see our design guidebook anywhere on the agenda. So it feels like yet another year has gone by and we don't have this really critical framework for how we make design decisions in this city, I'm going to ask Really firmly, we need to see that within the next 30 days. Come through and we need to understand the process and we need to accelerate some acceptance of it given the docket of how much development we have going on in this city It's a really critical missing element So I would appeal to see that and then while I'm at it appeal to see We've got some Artifacts and correspondence from the community about the Alice L. Glenn project, a very long roster of signatures on a document that looks like they're looking for attention on this project so I'm going to ask again that we do our own traffic study Thank you.
Mr Murphy?
0:31 – 0:378 turns
To address the design guidelines, it's my understanding that it is slated to be heard by the Planning Commission on their July 6th meeting. I believe this is the first Monday in July and then it will come to the Council probably at the meeting in August.
Does the DRC see it too? Do they review it or are they
already at it? I don't believe it's going to DRC. It's a design
guidebook.
Maybe it already has, I think they've kind of vetted through it. Just kind of dotting I's and crossing T's and getting Planning Commission to review it. I'm almost positive it's going to their July meeting.
Yeah move it toward the front burners that's the hope okay I'd like to did you have anything else On the 10th of June, I attended the sub-regional SCAG meeting. Most of that discussion was part 101 through Buellton and the closures of those of you at Vega Vineyards know that the Santa Rosa Roads off ramps are closed And then also they're getting bids in preparation for another passing lane on 246 west of Buellton.
Toward toward Lompoc. There was one item there was another zoom meeting on the 17th I attended regarding this Santa's Valley Trail with Supervisor Hartman and staff and just kind of an update, I'm sorry let me take it as Hartman wasn't there it was with the Then there was on the same day, there was the Santa Ana Valley Bike Advocacy Zoom call talking about biking here in the valley and adding a couple of board advisors.
On the 19th, I was at the California League of Cities in Ventura where we represented Solvang and it was interesting. Our Senator Pro Tem Monique Lamone was there, gave some remarks and had to leave right away because of the budget in Sacramento so that was on her mind But it's good to know that we have a good working relationship with Sacramento. And then today, this morning or actually this afternoon I gave some welcoming remarks to One West which is a conference here in town as it relates I was invited by Shelby Sims of SYV, Visit SYV.
And then I wanted to bring up the, it's been brought to my attention that there's been requests for public records that are captivating and costing our city a great deal of money. I'd like to see if we could direct staff to. If there's some way to recoup some of these costs, that's a big significant amount on a small city. And I hope that there is something you can come up with in that regard.
I was going to say there was an item, Assemblywoman Pacheco had a bill in front of the legislature recently. I want to say 1281, I don't remember that's the number for sure but something like that about being able to recoup some fees last I saw it was still in the legislature I'm not sure that any action will be taken on it before the end of the legislative year, but there is an effort at the state level. They recognize that some of these Malicious and or onerous public records requests are taxing the local jurisdictions financially. The specific issues that Mayor Brown is talking about, two of them combined just an attorney's fees for reviewing records is over $50,000 and then by the time you add staff review time it's easily double that number so It can be quite problematic for these broad brush requests, so I shared that with him on my meeting last week and I was going to include that in my staff report to you last time but I forgot.
So I apologize
No worries. Then finally I'd like to get the board's approval to get a, I'd like to add an amendment to the Code of Ethics that we passed last time. The amendment basically because we use the words alleged and accusation or allegations if there is There's allegations or accusations that have been fabricated, false or malicious or malice. I would propose that that individual would also be in direct violation of said code of ethics and I can't think of a reason why not but I'm sorry this is something I'd like to get agreement to bring back to the agenda
0:37 – 0:4325 turns
Get my mic on. We wouldn't be able to take action on that this evening, you could request that the...
I'm requesting that we bring it back for such an amendment.
You want to bring back an item to revisit the ethics code and at that point you could propose your suggested amendment? That's correct. So we need to get council majority agreement on whether to bring that
back. Just a nod basically is that I'm not making an emotion just would that be acceptable to have something of that nature?
So you cannot make a decision as a body tonight on whether you would like, whether that particular amendment is appropriate all you can decide is whether you want to bring it back to revisit the ethics code. That's exactly what I wanted.
Not sure I follow why or what was the issue but we were 4-1 on that, I thought.
It was afterthought after it was approved because I had only seen it the day before and didn't have ideas that I would like to bring back so I was just asking for an amendment or at least discussion whether or not we do it is not the point. I'd like to bring it back and see if that would be something that we could add.
I don't hear a rationale, Dave.
Yeah, I'm not understanding the reasoning for it.
I'll present it at some other time. Very well. Is there anybody else have anything else to add tonight? Okay we'll move on to consent items. Would you read that into the record please?
Consent is for routine administrative city matters and is approved with one motion. These items are discussed only on the request of council members Members of the public were afforded an opportunity to speak during the public communications portion of this agenda
Thank you Okay For I'd like to bring or pull item D, 6D if I may. That would be my request and I'd like to get some clarification on a couple of points. D as in David? D as in David, 6-D Delta.
Fine with that. So I'll make a motion to approve consent item 6A, B, C, E and F and I won't just make a comment I asked a number of questions about the SYVT monthly report and I just want to say the answers were quite thorough thank you for that it was just educational as opposed to accepting the and receiving the data.
Very well I'll second the motion It's been moved and seconded to accept items and the consent items 6 a b c e and f roll call please.
Roll-call vote Passed 4–0 moved and seconded to accept items and the consent items 6 a b c e and f roll call
Show transcript
motion passes 5-0
Thank you. Okay, let's go to item 6D as in Delta. My concern on that was that it only represents or states the Veterans Building for security issues as well as the crossing guards, but it doesn't mention anything about Solvang Park. With the music festivals getting larger and events that go on there, it's just as busy as a veterans building area and I'd like to see if that is included in that contract or if it was specifically excluded. I just don't see it anywhere in this report.
It is not budgeted, but there is a little bit of room where we probably could potentially add it. But it hasn't been budgeted.
There are private individuals or companies that will rent the park just like they will rent the Veterans Building?
So yeah when there is a special event and they are serving alcohol this company does do security for Solvang Park or in downtown Solvange.
In that example, though we wouldn't necessarily fund... That wouldn't come out of our budget. It would come out of whoever's planning
it. But there's other events like the music in the park where alcohol is available for guests or groups that bring it. It's not for sale but it doesn't mean it's not available. And it might be also from a traffic perspective. I'm just thinking as public safety and if this contract would include potential...
It currently does not.
Okay, what would it take to include it? Is that a whole new negotiation or is that an add-on? We just have to
we would have to rewrite the contract in budget added in the budget
Very well.
0:43 – 0:4930 turns
We have not anticipated that need, we can certainly talk to them and see if they would be willing to do that it would be at that $35 an hour times however many hours times however many people. At this point we've not needed it and obviously ounce of prevention is worth a pound of cure as they say but it comes at a cost
yeah but it also It comes at a cost when we use it. It's cafeteria style, correct? Yes. If we have it then we spend the money if we don't but this is our go-to vendor for that service.
Correct
If it pleases the board, I'd like to send it back to add that language to include the park.
Don't we... Okay so we hire these people because they're less expensive than the Sheriff's Department but doesn't the sheriff also manage what would happen at the park?
Yeah we could call 9-1-1 and they would respond
Right, so I wouldn't have to have somebody there necessarily all the time and pay for that but we can call Sheriff and they'll show up and take care of things. I think that's what we've been handling right?
That's what we've been doing basically yes.
I mean I was intending to go to the music in the park this past week when I drove by after the Senior Center dinner there was like it was no room but I'm just curious is Do we think we need, have we had incidents where we think we need security that or is this more like traffic control and parking help? More
than anything it's a presence.
A presence. I've got the sense it was a pretty happy, easy event. Is that not... We need
some enforcement? It's exactly the same thing. Like I said, I'd rather be safe than sorry. And it wasn't included in the contract and I said why not? That property should be included whether we use it or not and how we use it but that way we're not reinventing the wheel down the road That was my
thought. So you're suggesting putting it in the contract and if we decide at some one of these Wednesday events that we want to have somebody, we bring them in but we don't
do it for every Wednesday event? You know I leave that to Parks and Recreation but I didn't want the People pay for the service now when they rent the hall. So if they rent the park, here's an option as well.
Right so I think in this situation we would charge the organization who is putting the event on We would charge them pass those fees onto them So I think in this case, you know we probably need to be careful about that because that could put additional expenses on the chamber unless council is suggesting that the city pays for that.
Could we try something which is maybe notifying? I don't know what kind of communication we've had with Sheriff, but the deputy on call for that particular evening. Could we try to ask them to have an increased presence, not to distract from their patrol activity, but maybe they stop by two times in the evening and make sure they're visible to try that first
before we invoke more costs. I was just wanting them to give you full, more rain and more latitude if that was something that you might need. If it's something you think is a you know the mayor's he's on third base and there's two outs so You know, it was just really because it wasn't included as a property that we control.
Right well and they are here at Solvang Park they are here for the tree lighting and that's at Solvang Park for you know the maker's market and it is more expensive this year because we are anticipating them coming back for more events you know like Makers Market or just busy downtown days. So, you know it's certainly not set as Solvang Park but they can very much be in Solvang.
If it's not necessary, no problem I just didn't want to exclude it or think that you didn't have the latitude for it. So, I'll leave it to y'all if this is the way you like it, I'm okay with it but I just wanted to make sure that you had all you need for security purposes.
Might I suggest at the council go ahead and approve this agreement we will talk to the contractor about being available more and if necessary we'll come back and amend the agreement at a future date.
Sorry but is this, is it fixed fee?
It's
35. Because it's for two years so I didn't think it was fixed fee. Okay so you have a provision in here where you can, the city manager sorry I had my oh the additional tasks can be assigned
yeah
so It doesn't sound like we require an amendment or an adjustment to the contract. It would imply you might have additional cost if you go beyond all the scope that we had used to estimate the $150,000. But I think you have the ability to do what you need. Or to do what the Mayor is suggesting. Correct.
Yeah it would just be a an amendment for cost.
If necessary.
And we can certainly ask the Sheriff
Motion passes 5-0. Okay, we're moving on to their public hearings. Would you read the end of the record please for 7A?
Public hearing to receive and file the local agency report on vacancies recruitment and retention efforts pursuant to government code section 3502.3 Thank You staff report please
0:49 – 0:5722 turns
All right. Good evening, Mr. Mayor, members of the council, members of the public. Tonight we will open and conduct the required public hearing and receive and file the city's annual report on job vacancies, recruitment efforts, hiring practices, and retention efforts. Government code section 3502.3 requires public agencies to report annually on vacancy rates, recruitment efforts, hiring practices, and retention efforts.
before adopting the adoption of the final budget. The purpose of the report is to promote transparency regarding public sector staffing levels and to provide an opportunity for employee organizations and the public to participate in the discussion. In 2025, the city had 3.5 vacancies The City continues to use its standard hiring process, reviewing vacant positions, posting job screening applications, conducting interviews and completing reference and background checks consistent with city policy.
No policy procedure recruitment practice changes were made that would negatively affect the City's ability to reduce or address the vacancies. The City provided notice to the Teamsters Local 986 Union regarding public hearing tonight The public hearing will satisfy the city's annual reporting requirement under the government code. And with that, I'll bring it back to council to open and conduct a public hearing.
Thank you. Any questions of staff? Then I will open it to public hearing for this item. Any comments? I don't have any slips on this I'm just curious, retention rate is over 100%.
Yeah, that's because we at the beginning of 2025 we had 23 employees and at the end of 2025 we had 26 employees. So we had... The way the formula is calculated it puts it over because we had more employees at the end of the year than we did the beginning of the year
It's just interesting. So he talks about the positions failed overall, it's not whether you know people left the position and somebody new got hired? Okay yeah
I had the same question Claudia because Any time you have over 100% it seems normally you read it as if you've more than doubled. So I had questions about, but as I understand it we're reporting the data assets being asked for in this AB 2561 format correct? Correct Yes. It's funky, right?
Yeah. And we actually had in 2024 the I do believe that percentages were even higher because we hired more employees and it's for a calendar year not fiscal year. Okay
so the great so over whatever is over 100 is represents our growth yeah so it's 16% growth really is how to read it
good All right, then we will close the public hearing. There's no other discussion and
move on to item 7. Are we in a motion to accept the report? Very well.
I'll make a motion to receive and file the local agency reporting vacancies recruitment and retention efforts
I'll second it.
It's been properly moved and seconded to approve and adopt item 7A. Roll call please.
Roll-call vote Passed 4–0 moved and seconded to approve and adopt item 7A. Roll call
Show transcript
motion passes 5-0.
Thank you would you read the next item please in 7B
Public hearing to consider Resolution 26-1322, amending the appropriation limit for fiscal year 26-27 pursuant to Article 13B of the California Constitution.
Thank you. Staff report please.
All right. This is another public hearing that you will open and consider adopting Resolution 20, the resolution which amends the city's appropriation limit also known as the GAN limit for fiscal years 26-27 as required by Article 13B of the California Constitution. Each year, the city is required to calculate and adopt its appropriation limit based on the changes in population and the cost of living.
For fiscal year 26-27, the California Department of Finance reported a 4.95 increase in per capita personal income and a 1.04% decrease in Solvang's population resulting in a growth factor of 1.038. The city's appropriation limit is $27,380,109 for 26-27. Based on the anticipated fiscal year 26-27 general fund revenues of approximately 13.9 million, the city remains well below the calculated appropriations limit.
The supporting documentation was made available to the public 15 days prior to the meeting. And with that I'll return it back to you.
Thank you, I would request for simplicity could you explain to us everyone here why is there an appropriation limit and what's the purpose for it? What's the why?
The why behind it keeps government agencies in check on their spending, so legally we can't go over our appropriation limit. So the state obviously because of I think it was the city of Orange or Bell or one of those cities that went financially under they kept spending more money than what they brought in And when you do that, you eventually deplete your reserves and then you have no money.
So the state has mandated this regulation to hopefully prevent that.
Thank you. Any questions of staff?
And it is only for general fund. It's not for... You'll see in the budget presentation tonight that all funds revenue is only for general fund.
Just general fund? Yeah. Very well. We will now open it to public hearing, comments and we'll start with in person. I have a slip from Denise Alameen
0:57 – 1:0322 turns
Hi, I'm Denise Ellamy and I am just a regular resident with like I said less than common sense. So this is for the public and I'm the public and I don't understand it. The appropriation limit general fund I'm guessing that that is how much we have to keep in the bank in order to not deplete all of our taxes or our money. And yes, it was the City of Bell that went zero but we change like we have on this agenda today. We change our budget. It looks like every city council meeting we add something to the budget or we change it so When we change the budget, when you add a million dollars for a contractor, do we change the appropriation limit if it comes out of the general fund?
When we add, because I'm very confused. The contractors come back a lot asking for additional funds to complete a job and they Where does that money come out of? Measure U is not that big. So all the money that comes out of the general fund, that wasn't on the proposed budget and now is in the budget, the general fund, are we going to be moving the appropriation limit general fund? This is the first time I've ever seen this on the budget or the staff report so I just need to know Do we change it if we get close or do we not?
So, maybe Wendy can explain that. That's where I'm lost.
Thank you. Do we have any other comments this evening either online or here in the room? Okay, I will now close it to public comment and bring it back to the dais for conversations or discussions. Questions? Mr. Murphy, do you have a question or do you want to add?
Pass it off to Wendy to answer that question.
Okay we do not change the appropriation limit. We are required to do it based on the per capita personal income and the population change and then the growth factor. And so we have to adopt this annually We don't change it and if our general fund expenses went up to $27 million, we would have no money in the general fund.
I was going to add, I believe this goes back to Prop 13. It was called the Jarvis-Gann Initiative and this is called the Gann Limit so I assume it's related to that. I wasn't in public sector at that time. As a matter of fact, I was still in high school in 1978. Some of us weren't born yet. All right, I get that. So anyway the point is that it's related to that. It's a way for through that process to hold local government accountable there was a limit set at that time and gets inflated every year by whatever the factors are they do that math And that gives us the maximum amount we can spend in any given year. As Wendy pointed out, this is done every year. There's a public hearing every year around this time, typically the second meeting in June where we announce what the numbers are and what it goes up to.
Highly unlikely that we would ever spend essentially double what we're budgeting in the general fund and it will continue to go up every year by the off chance we have some windfall and have several million dollars added to our revenue, and or we have a big project that needs to be done. And we may get up close to that but it's highly unlikely. And as Wendy pointed out the numbers don't change. That limit is set for the entire fiscal year.
Thank you. We're looking to adopt a two-year budget so this won't affect the second year? No. This is a statutory requirement of reporting
Yes, constitutional even.
Even constitutional? Okay that's statutory still all right then I will close the public hearing and ask the board if they have to make a motion to approve and file. I'll make a motion we approve and file
I will second.
It's adopt the resolution.
Adopt the resolution? Okay,
right. You
can do a friendly amendment if you...
Oh this is...
You have a motion on the floor, I think I just heard a second. So we either need to amend it or we can vote on that one and then vote the correct one.
Can you restate your motion please?
Yeah let's go back to this thing No, I can't. This is just to approve the adoption of the amended appropriations limit.
Resolution 261322? Yes.
Is
that the one? Yes Thank you. Is there still a second? I will second that. Thank you. It's been properly moved and seconded to approve...
Yeah
Resolution 26 1322. Roll call, please.
Roll-call vote Passed 4–0 moved and seconded to approve... Yeah Resolution 26 1322. Roll call,
Show transcript
1:03 – 1:3917 turns
Motion passes 5-0
Thank you We will move on to discussion items 8A
Discussion regarding registration and enforcement of intellectual property assets.
Thank you I Will dismiss myself as I have in the past to be consistent as I have a Proprietary Property so Thank you. All right,
so do we have a staff
report?
Thank you, Member Smith. And yes we do have a staff report so this item of intellectual property including copyright and trademark and what the city would like to do with its intellectual property assets has been before the council a few times now based on the direction we got staff received at the last meeting staff has engaged Matthew Smith who's a shareholder at Postolini Law Firm and he's the vice chair of its Trademark Copyright and Branding Practice Group We've brought him in as a copyright and trademark expert to provide you some additional information about this area of the law and answer your questions about what, basically give you an opportunity to ask the expert in the area of this area of law so you can get a better handle and context on how the city's assets might be protected and whether that Basically give you the right information.
You need to make an informed decision about what you want to do to move forward or not with protecting that with Either registering or not those cities assets so with that I will hand it over to Randy and Dawn
is with Matthew,
right? Oh Yeah, I think so.
Yeah, we might want to unmute him in case yes.
Yes Thank You Don for joining as well. Thank you Matt Appreciate you both making the time
Let's go ahead and put the slides up too when you get a chance, James. And Matt, take it away.
Thank you very much. Can everyone hear me?
Yes.
Excellent. Thank you members of the Council, esteemed guests and members of the public. As I mentioned my name is Matthew Smith. I am the Vice Chair of the Trademark Advertising and Branding Group at Polsinelli. I'm joined by my colleague Don Samuels who is in our Denver office. Both Don and I are very experienced in advising cities and municipal organizations on intellectual property matters.
Before I start my presentation, I just wanted to ask a quick question Randy of you and Chelsea is this an open meeting or closed meeting as it might relate to advice and guidance to the council?
We are in a public session right now so it's an open meeting
So I will give general guidance and then if there are specific questions that the council might want to ask, we're certainly happy to answer those but are mindful of attorney-client privilege issues. So with that I will start my presentation first slide please so we're going to talk generally today about trademarks copyrights and then discuss kind of generally some of the city questions and general Q&A related to intellectual property matters as it might affect municipalities including Solvang, its logos, its slogans and other things of that nature. Next slide please.
So trademarks can come in all shapes and sizes this is an example of some but really it is anything that acts as a source identifier to a particular organization so if you're offering goods and or services That become associated with you that would be considered a trademark. To be specific, it could be trademarks for goods and service marks for services but it's kind of in the general parlance that everything is considered a trademark.
Next slide. We're very familiar with cities as being source identifiers for their own trademarks as it relates to products and services Don and I have represented the city of Beverly Hills, the city of Indio, the city of Santa Monica. And there are other examples here of trademarks that are associated with municipalities or cities. Next slide. So as I mentioned, technically trademarks are for goods, service marks are for services.
Sometimes you'll hear the words trade name Really all of that is just whatever slogan, name, logo or combination of all of those things that point to a particular organization. Next slide. So trademark rights start as soon as you start using a trademark in commerce. The first in time will generally win. There are no requirements something before you're generating trademark rights. It depends on use.
There is a differentiation between common law unregistered trademarks and registered trademarks, either at the federal or the state level. At common law your rights extend to what you are using and where you are using it and on what goods and or services So if the city of Solvang were to offer, let's say tourism related services that's going to focus initially on the Solvange area or where we're advertising or where we're drawing people in from. It would not be nationwide it would relate to where your reach generally is once you file and receive if successful a federal or state registration That would either encompass the particular state in which you filed, such as California.
Or in the case of a federal trademark, you could have construction nationwide rights by virtue of receiving a trademark registration. We always recommend that clients consider clearing marks before using them to avoid any infringement claims The Danish capital of America, for example. Something new that we would want to use, you'd want to make sure that someone else wasn't using it first. Next slide please.
So very generally the trademark application and registration process is as follows. You would identify what marker marks that you wanted to use. That could include words, logos or combinations. We generally recommend, it is not required but generally recommended that they do some sort of trademark clearance either to look for just exact matches or even beyond that to domain names business name social media handles.
To see whether there's anyone else out there that might be using the same or similar marks as what you intend to adopt because you could put yourself into an infringement circumstance If the trademark search is clear or relatively clear, you could go through the application process either at the federal or state level. 99% of the time you would do, you would seek a federal trademark registration for the benefits that it affords.
It's only if there were some significant challenges at the federal level that you might consider individual state filings. And then again because trademark rights depend on use continued use in commerce There are renewal requirements, either at the federal or state level that you have to comply with. The idea is that trademark rights should only last as long as the owner is using the mark in commerce.
Next slide. As I mentioned, you don't have a duty to clear but it is very good business practice for a number of reasons. It can reduce your risk. It gives you a better chance of registrability Because you are able to see what the landscape is out there and avoid some issues. And then gives you a better chance for protectability based on the virtue of registration.
There's also a timing issue, particularly at the federal level. Applications take roughly 8-9 months on average for an examiner to pick up the application to look at it for the first time. So there's a long lag time between when you file your trademark application and when it is first examined. It's better to kind of figure out some of those issues right away than have to wait that eight or nine months for the examiner to point issues out for you.
So searches really do help manage risks and costs, and we have very few clients that don't care about risk and cost. So those are very helpful to spend a little money up front to determine whether you might have issues later on. Next slide, please. I won't read all of this but a trademark application, you just need to know what the mark is who's filing and really two things.
Is it based on intent-to-use or actual use? Intent-to uses is traditionally used where You know what your mark is, but you're not ready to use it. But you want to put your placeholder in for an application right away. This is very common for future events. Pharmaceutical companies do all this all the time where they will file for a name and then the drug will catch up with it at a later date.
Or we could have a mark that's already in use and you filed based on actual use in commerce. As I mentioned, there's eight to nine month lag time for first examination. The entire process can take 12 to 18 months at the federal level to get a registration if we're successful. That doesn't mean you have to wait to use the MARC but it can take that period of time.
The average cost is also mentioned here. Additional work may be required after filing If there are rejections or other issues that the Patent and Trademark Office or the applicable state agency might raise. Next slide. The two key issues for trademark applications really are likelihood of confusion, or descriptiveness. Descriptiveness comes in a couple different forms including geographic descriptiveness.
Likelihood of confusion means that look the same as or similar to another mark that is already being used. And obviously, with the idea that you want to have trademarks be the unique source identifier of goods and services, the Patent and Trademark Office won't register things that are the same or confusingly similar to something else. On descriptiveness The theory is that no one person should control what is a generic or descriptive term that extends to geographic locations. For example, a trademark application for the city of Solvang would likely be rejected for geographic descriptiveness because It is a place that is known generally, and one person or entity shouldn't control that even if it is the municipality that is filing.
And then on the other side third parties do have a chance to oppose or cancel trademark applications or registrations if issued on basically the same grounds. Next slide please. The benefits for trademark registration at the federal level, you can use the circle R symbol. You get constructive nationwide rights which helps with enforcement. It eliminates the I didn't know or good faith junior user defense and smooths over the issue of when your right start is your mark valid? All of those issues it certainly benefits If you're going to enforce your trademark rights through a cease and desist letter or other communication, to have a registered trademark.
And it certainly helps in litigation as well. Some of the damages that you might apply for would be infringers profits actual damages are in some cases for willful infringement attorneys fees, but those circumstances are generally pretty rare. In most cases plaintiffs want the infringing activity to cease and that is considered a good result even if there are attorney's fees that are not recouped in most cases having the infringer stop their activity is where these things will end At the state level, your rights are similar. It covers only the state in which you register and you do not get the benefit of using the federal Circle R symbols with your trademark.
Next step next slide please. Marks from this generally says that the marks need to continue to be used or you risk losing your trademark rights so If they're registered, you need to use them as they are registered. If you have a design and you claim a particular color, you need to continue to use that in that particular color. You can't change your mark after it's registered otherwise you may lose the ability to renew your marks when they come up for renewal.
If you have unregistered marks or marks that are currently pending registration, Indicating that this is a trademark that the city would claim. And that diminishes the ability for someone to think that there's freely available to use. Using the appropriate trademark symbols can be a good hedge against the I didn't know defense. Next slide, please. We'll turn now to copyrights. Copyrights are rights conferred through the Constitution It gives you the ability to protect any original works of authorship that are fixed in a tangible medium of expression. So, that means anything that I write, a picture that I take, a song that I sing and record, all of those things that are actually fixed can be protected through copyright protection.
It does not protect ideas. So if Don and I were to write the same book, a book about the Denver Broncos for example, as long as I am not taking material that Don has written we each can write our own book and is independently created and there's no copyright infringement. The exclusive rights that you get with copyright is the ability to reproduce or make copies of your work. You can adapt it distribute perform it or display it.
Copyright applications are generally pretty simple, is an online form that is submitted through to the United States Copyright Office and the filing fees depend on the type of registration so individual works at the present cost $45 to file group registrations depending on the type Can cost less than $100 depending on the application type. And attorneys fees would be additional if utilized.
It is rare that copyright applications are rejected, but additional fees would apply if there's a rejection and an expectation to submit a response based on that rejection. Next slide, please. Copyright duration lasts a very long time for individual authors. Currently it's life plus 70 years. Works made for hire or works made for the benefit of the employer is the shorter of 95 years from publication or 120 years from creation.
Copyright duration is really Hit a quick sand when it comes to works created before 1978. So specific legal advice is generally required to determine when the works were published, what the law was at the time and what copyright duration was granted under this specific law at that time. So works created before 1978 require additional special treatment. Next slide.
There's no requirement to file anything to obtain copyright rights. Some people will tell you, oh I can print something out and mail it to myself and that's what I need to do to prove my copyright. That's not even required. You don't even have to put a copyright notice on your work for it to be protected. It does have to be in a tangible form and you are conferred those rights However, it's best practices and often recommended that you put the circle C symbol denoting copyright, the date of publication, the author's name and all rights reserved. That would be either be the author name or the copyright claimant. So for example if a city employee creates something within the scope of their employment, the copyright claimant would be the City of Solvang by operation of law.
Next slide. It's protectable if it's in a tangible medium of expression, and it can be anything like the things that are mentioned on the left side of the slide. What is not protected generally is ideas, concepts, book titles Things that aren't in a tangible medium of expression. If I do an impromptu ballet, should I be so inclined? That would not be capable of copyright protection unless I wrote down the particular steps.
And then anything created by the federal government, not state governments but anything by the federal government would also not be capable of copyright protection. Next slide. As I mentioned briefly, the person who creates a work is not always the author. And in the case of the city employees who make works in the scope of their employment, the city's the owner of those works.
Next slide. I've touched on this briefly but the advantages really for copyright registration A copyright registration is required to bring a lawsuit in federal court for infringement, so it's really the key to federal court. The other big benefit is statutory damages. So if works are created prior to infringement Created and protected prior to infringement, you can access statutory damages which range from $150 to $150,000.
The law essentially presumes you have been harmed and then it is a question of how much you have been harmed. If the infringement occurs prior to registration You're limited to actual damages and you would need to prove those damages. It is still possible, but becomes a little more arduous on little bit more involved. Next slide please. Common questions often run the gamut including can I use someone else's material if it's out there or available? I can't find the owner were only using a little bit.
You know, how do we address those issues? Next slide. Or we have the innocent infringer defense. I didn't know that it was copyrighted. I shouldn't be liable because nobody told me it was not appropriate. Then innocent infringement, the fair use issue that may affect damages but generally will not insulate you from infringement claims. Fair use is a defense which needs to be proven.
It is not a shield to prevent suits. Next slide, please. I won't read this but what I will say generally is get permission before using third-party materials. Do not assume anything is free unless it is explicitly denoted as such, or you have explicit permission to use materials. Next slide. Only if works are in the public domain. Works created before 1923 are in the public domain now and could be freely used.
Forms that have no originality—U.S. government works, facts, ideas, or concepts—those things you don't need permission Anything else, you should. And when in doubt always assume you need permission. Next slide. Finding permission is not easy in some cases because there's not necessarily a clearinghouse for all things so some investigation may go into finding the appropriate person to ask for permission You try to find the owner of work and get explicit permission, or you might buy a license through a stock photo agency.
Obtain an ASCAP license for the use of music. Implied permission—this may be a circumstance where we have a personal relationship with a party, and they send us a work and say hey go ahead and use this. So we've got an expectation that there's permission. That is not the best generally, but possible. And then only when you've obtained legal guidance should you consider using a fair use defense where we pretty much fall pretty squarely into the categories of non-commercial use that doesn't Take the substantial portion of the work and would be available.
Next slide, please. As I mentioned you look at what you're using how much you're using and what the effect is for the original work before considering using fair use. Next slide please. It is best for organizations to establish a written policy for copyright clearance. Some guidelines on investigating ownership, keeping those records once you have completed the investigation, ensuring that your permission or your license matches the use that you make of it so you want to document what you found where you're using it and what you're relying on for your permission.
Next slide please. So we received a number of questions from the city through Chelsea and Randy that I wanted to try to address. In terms of what city assets could be protected, there are a number of things. That could be the entire website could be protected under copyright protection. The Danish capital of America could be considered for trademark protection.
The windmill logo could be a logo that would function as a trademark. So there are a number of assets that potentially could qualify for either trademark and or copyright protection in some cases, such as the logo you might consider both. That is a determination for this city to make based on what assets you have. Who is the owner of those And one expectation is to use them over a period of time. So, for example if you have a name of a festival that is going to run for one year it's probably not worth the time and effort and expense to file a trademark application for it because it has a very limited use.
If it's a festival that's run for 10 or 15 years, is going to run into the future as a particular name or logo. That would be something where you would want to consider trademark protection. Logos that will be used over a long period of time. Those could be copyrighted for the particular design and then also may function as a trademark as well so it would be incumbent upon the city What we have currently and what we intend to use for a longer period of time in the future, and then make some determinations about trademark and or copyright protections.
In terms of enforcement efforts as I mentioned earlier in my presentation. The general cadence of those either in the trademark infringement or copyright infringement side would be handled by a cease and desist letter. Generally, the cadence would be from the city first, the city's attorneys including outside counsel prior to any litigation if necessary but typically it is a cease and desist letter sent to the alleged infringer Highlighting the infringing use, highlighting the city's rights and then demanding that action cease promptly.
The enforcement costs really depend greatly on the nature of the enforcement. Cease and desist letters are generally done in routine course and are not very expensive There is a big jump between letters and actual litigation, so we try and work things out rather than immediately leap to litigation based on the budgets that can be involved. In terms of licensing, the city can basically set whatever licensing terms they want in whatever conditions or whatever requirements Trademark owners are required to police their marks and ensure that they're used consistently or risk losing those rights. So having some quality control or oversight provisions in the license agreement would be appropriate. You can use our trademarks for this use, for this period of time You need to submit specimens for us to review.
All of those things the city can set and should set with any licensee. In terms of a fee structure, the city is also able to set whatever license fee or payment requirements that they would like. There's really not any specific statutory guidance on this. So it could be a one-time license fee. It could be an annual fee. Could be a per unit, per widget fee if it's goods.
Really whatever the market will bear would be permissible for the city to charge. Next slide please. Possible trademarks might be the windmill logo, depending on how the city has rights to the windmill logo. And then also the Danish capital of America slogan and some of these questions came from Chelsea and Randy. So does the city use the Danish capital of American commerce based on its tourism promotion if the slogans not affixed to merchandise?
Yes, you can have service-based trademarks. You're not limited to goods based trademarks and even applications could include services and goods at the same time so t-shirts mugs glassware along with tourism services those could all be captured under a single trademark application On the second question, do tourism marketing education etc qualify as use in commerce?
Yes they certainly could. Those services certainly could qualify for trademark protection. There are service based classes that would cover those things. The specific question related to Class 35 which would generally be denoted as business services or class 41 tourism You could potentially qualify for either or both. In terms of what specimens that you are required to submit to show use in commerce with the trademark application, or a renewal of a registration, that depends on what the trademark application or registration identifies.
So if it's t-shirts, you'd need to submit a picture of those. If it's tourism we would submit brochures or a website so really the nature of the goods and or services that are identified in an application or registration would inform what kinds of specimens that we would be required to submit. And we certainly could offer specific guidance on What specimens might be appropriate?
Is the slogan Danish Capital of America unique or distinct enough for protection, or is it primarily geographically descriptive? It's very difficult to say 100% in terms of whether the Patent and Trademark Office would accept that as a trademark application or not. I would certainly expect that there would be a geographic descriptiveness rejection based on the words Danish and America.
So it would be, in my estimation, a more high-risk application and more likely to be initially refused than a fanciful or a made up word. And then the risks—I just mentioned the risks for denial The ultimate risk for denial is that the application is unsuccessful. And some people will ask, does that mean I have to change my name or quit using my trademark? And the answer is no.
The Patent and Trademark Office is only determining whether a trademark can be registered or not. It is not making a determination about whether you need to change your name or cease using a mark altogether. In the case that your ultimately client is ultimately unsuccessful in obtaining a federal trademark registration, you would rely on common law rights. And then is the slogan in advance in the absence of a graphic or other design trademarkable? Yes.
The more unique elements that you have in a trademark, the better chance you have So in this case, the combination of the windmill logo if that is owned by the city and the words Danish capital of America would have a greater chance of success over either element by itself. That's not to say that we would be guaranteed any level of success but the more unique elements you have, you do increase your chances of success And does the city need to register each mark for each class separately? And I've answered that as no. You can have multiple classes of goods and services in a single application, and that is often done for cost savings.
Last slide please. I've talked a whole bunch and I appreciate your time and attention to this matter. Please let me know if there are any questions
1:39 – 1:4411 turns
Thank you Mr. Smith that was very thorough really appreciate it so I'll bring it back to the council any questions for our presenter?
I do have a question when it comes to protecting material not so much logos but let's just say pictures and videos Most people have access to technology through artificial intelligence that allows users to modify, edit pictures. Where does one draw the line between an original work that is being used without permissions versus work becoming an entirely new work that is not protected?
Yeah, that's a very interesting question. So yeah the city photos or videos would be capable of copyright protection in the name of the city and one of the exclusive rights that the city would have is the right to distribute and or modify those works for itself So a third party taking those works and modifying them would be subject to a claim of copyright infringement or the unauthorized taking of those.
At a certain point, the use of the third-party use of the image or video may be so transformative that it becomes fair use. But more minor modifications and or selective editing may not be. So, it's difficult to say hypothetically that one thing is always okay or one thing is never okay but we would certainly evaluate what the third party use of the city materials would be and then determine whether further action would be warranted.
Okay, so at this point there is no precedent that would tell us at what point a judge would say you know this is an entirely new project or you know if you apply certain filters or if you edited enough. You know there's no certain way to know
where... That is correct. There are no bright line tests to say Two changes is okay, but three changes is not. There's not a test or guidance out there related to that.
Okay. We have to go to court and spend the money to find that out?
I would say the first thing we would consider doing is evaluate whether action is appropriate. And action is not always appropriate. But if it is, we would recommend generally a cease and desist letter first versus going directly to litigation.
Thank you. I'll give you a couple of comments on that one, one of the rights and copyright there. The one most people think about is copying. But there are five rights that are associated with copyright infringement, one of which is derivative works. And so one of the rights you have as a copyright owner is to create derivative works. So it's one observation kind of your legal rights And in terms of Matt's point, there's a lot of distance between just monitoring and protecting your rights with a cease and desist letter and full-fledged litigation. And so one of the things that practically happens in these matters is you send a letter to somebody in the case you've just raised, and you say look it, you've used too much of our work. And sometimes they'll read a cutback what they use, reduce what they use, reduce where they use it etc.
So it's a multi-stage process that as Matt suggested can start off fairly simply and a lot of times folks may not know that they're violating copyright laws because it was on your website and so I think it's you know fair use and using that term generically in their heads that hey it's on the website so I can use it or they may then consult an attorney and limit how they use it, where they use it. There are a lot of steps in between once you recognize or express the concern and protecting your rights.
Thank you.
Thank you, doctor.
Jeff? If I may. We have a marketing website called SolvangUSA.com And it has, as you scroll through the screen, a number of ways to go into events, hotels, all kinds of things. I haven't spent the time to look at each individual one but I had to scroll all the way to the bottom of a very large page of fascinating information to see that it says copyright Visit Solvang California 2026 All Rights Reserved Does that mean that everything on this website is copyrighted?
1:44 – 1:5418 turns
So, I think what it would mean to the average observer is that the entire website is the City of Solvang. Now, that depends on Solvang having cleared and obtained the right or the permission to use all of the images on the website. In some cases We've taken those photos, that would be city materials. But in some cases third parties may have submitted these for use or we may have sourced them from other sources.
So that's what I... That's what some of my comments related to copyright clearance were directed to. We'd want to make sure that we have either the right through ownership or the right through license to use all of these materials And the copyright notice at the bottom would cover all of the city's ownership rights.
Thank you.
Can I just clarify here? I want to ask, first of all appreciate that the experts are brought into the conversation to guide us through this thank you so much on that point The website is in fact a work for hire. We actually have built the website under contract that specifically says embedded in the contract, the content created is the city's intellectual property and I'll just underscore when we hire something for contract, we are spending the public's money Which is really the root of what we're trying to solve here. But I'll ask the question then simply, without regard to who created or how that content came to us our contractor is obligated to verify or manage the content once it's provided and it's published as a go live on our dot com website.
It is our intellectual property. Is that correct?
I might, I probably can speak to that hypothetically but it might be something the city's attorneys would be able to speak to specifically.
I'll say even more surgically we do have content that has been crowd sourced or created by perhaps influencers. The issue is not just that we've spent public money, but we have a situation where that content has been copied and pasted into another application for private benefit. And that's what we want to ensure does not happen.
So I'll start by saying it is best practices when dealing with vendors or contractors to have strong intellectual property ownership transfer provisions so that anything created for the benefit of the city is then transferred to and owned by the city. If the vendor sources third-party materials They should be procuring the appropriate licenses or transfer of rights that they can then give the city either full ownership in those images, or ensure that they have the permission to use them for the purposes that the city would like to make.
When it comes to third party crowdsourced images or images that are submitted to the city It should be done under a mechanism where the parties are at least granting the city the right to use those images for the city's own marketing purposes. That would be, that would be the most protective of the city or that would be our general guidance.
Understood, so I think what...I'm going to play it back and see if we can verify. So it's the contractor's obligation once they publish to our website and turn it over to our use, it's their obligation to ensure that they have the right to transfer to us any material published on our
website? It would be important to put that obligation into the agreement Okay, fair enough. The contractor is guaranteeing that they have the rights to either transfer the ownership rights or the permissions for the city to make use of those materials.
I don't think the contractor has ever not been forthright with us where they get their content how it's being procured but I think it's given that we're in this dialogue. We should do the proper audit of the contracts, not just the one where we do receive content from other places or have IP rights in those contracts and we're doing work for hire and then you know the material is digitally available for Copy and paste risk. So I think we need to do that audit and make sure everyone's, once we drive into policy or make some decisions on copyright and trademarks, we need to make sure our contractors all understand what we're obligating them to.
Okay, but aren't those two different issues? Because we're talking about other third parties using our city-owned material versus ensuring that the people that create the material that the city hires them to have the permission to do that. Those are two...
I think, yeah they are. But I think what I'm just simply saying is the city has the expectation that we can enforce and we're not spending public money for just to put it online so everybody else can use it. There's a communication of expectation. We have the rights to this and we will enforce it.
If I can just add in our current professional services template, it includes language that says any of the work product or writings recordings drawings etc. that are created under the contract are the property of the city so we own it if they create it for us and that the consultant is agreeing to vest those rights into the city. So there's that already in there Protecting you know, but but what won't happen is if our you know TGA sources something uses somebody else's image Just by them putting it on our website pursuant to our contract that doesn't make us own it If we didn't purchase it from You know they licensed an image and put it on our website just because they're doing it under our contract doesn't make it our copyright all of a sudden like we would have to get ownership of that Anything that they're creating originally, like if they go hire a photographer make some photos and put them on our website.
That's going to be the city ownership because they're doing it pursuant to our contract
Okay you just contradicted yourself as far as, you just contradicted the language in our contract. I don't understand how okay they could transfer the rights to us but then we would know that. We would know that the, I don'y know, if somebody else's picture of Mickey Mouse shows up on our website they would have done the job of securing their right to license.
Here is a more concrete example. Local photographer has a photo of one of the windmills in Solvang and TJA says, hey we really like that photo. We'd like to license the use of it on the city's website. They sign a contract with that photographer and they use it on the city's website. The city does not own that image. We are licensing it.
Agreed but they would tell us that we're licensing it. Would we know? How would we become aware?
I don't know that we're requiring them under the contract to tell us when they're licensing versus owning. If I may,
my colleague had a comment.
Please. A couple things. One, the contract should have an indemnification provision in it and the way it normally works is the party that's providing the service to you and doing the work for hire will represent and warrant that it either owns or has licenses for all of the intellectual property that's being transferred to you, sold to you, that you're purchasing. And they should have an indemnification provision that if anybody sues you for copyright infringement for something that they provided to you that they will defend and indemnify you. And so you may not, to answer your question, you may not directly know Okay, it does because then the enforcement
1:54 – 2:0619 turns
Obligation is not necessarily ours. It's the third party who's provided the license.
So when you say enforcement, there's offense and defense so that if the owner of the photograph of the windmill sees it on your website, there's no license and sues you for copyright infringement because you are publishing it and it's his, her, its copyright. Then you have potential liability which is why you want an indemnification clause with the vendor who has provided to you and represented that you own it.
The next thing when you talk about enforcement is you have your website that you've created either directly or indirectly through a third party And somebody without your permission uses something from that website, then you can affirmatively sue them or threaten to sue them or send a cease and desist letter. for copyright infringement because they are using your intellectual property.
Make sense?
Yes, I'm going to speak for all of us. I think we had a conversation on this before so I'm going to try and bring it back to something more simple. We do not necessarily have motivation to be in the business of policing every picture on our website or its license entitlements and so forth What I think we might want to do, we should discuss it is bundle up our website as you've pointed out in the slide deck and suggest that since it is public money and we do have at least one example where it's been copied and pasted for private use that we want to protect or at least copyright or think through how do we How do we put ourselves in position to enforce just the website? And that way, we just think of it as a bundle.
I think you called it something else. I can't remember the phrase. So class, I think is what you called it. And that way, we protect what is truly our work for hire and the rest of our contract language does the rest of the work for us. You're nodding. Is that the best way to think about it?
I think generally if we have had issues with someone copying, essentially copying and pasting our website, we should look at what elements of the website are owned by the city that we can protect under a copyright registration. That will require some auditing of the website because not every element of the website is owned by the city So there may be third-party materials that are licensed to the city, which we would have to disclaim from any copyright applications that we might make.
But generally speaking, one or more copyright applications to protect a website would likely be the most appropriate course of action to address the specific instance you're referring to.
Okay one more, I'm gonna go back and let you answer your questions because I had a few. Just one more thing.
Always.
Sorry
yeah
I lost my question. I'll come back to
it.
Go ahead
because I have a couple. Yes I do have a question regarding to enforcement because my understanding is that yes you can You can register your material and you will have the right to not only send a cease and desist letter, but also sue for copyright infringement. But I also understand that you have to actively be policing it or else you lose the right to protect that.
Because obviously you want to be able to take legal action if you need to, but does that come at the expense of having to constantly be policing it all the time just for the case when you do want to do something about it?
Yeah. Let me speak to that generally. So policing your trademark is probably more of a trademark concept than a copyright concept And it is generally known that trademark owners do have an obligation to police their marks against third-party infringing use. But that does not mean we need to tilt at, for lack of a better example, every windmill that is out there and constantly send cease and desist letters. That is not what the law generally says.
So you evaluate on a case by case basis, what is the infringement? How egregious is it? When should we take action? So the city would generally have to take consider taking some action. But doesn't is not required to take every action in order to maintain its rights. So it is something that would be determined with council But the city does have to engage in some enforcement activity.
It can not relegate that to whomever and whenever someone might use the trademarks. On the copyright side, just very briefly. And Don I'll let you and then I'll... No, I think
you're about to hit the point and it's very important.
So for copyrights that's really not as much of an issue or less of an issue. You look at how egregious is the use of the copyrighted image before you might take action? We generally try to counsel clients to evaluate how much infringement is and what the cost of enforcement might be. Sometimes it is more trouble than it's worth for the benefit, so we don't counsel that you send a letter every time but we will evaluate when letters might be appropriate.
Dono turn to you.
You know just to reemphasize what you said the distinction which for layperson is not intuitive is the difference between trademark rights and copyrights. And for trademarks, there's more of an affirmative obligation to police it or and potentially lose it. And that's just a byproduct of the law. Whereas for copyright, as you said, depending on when it was copyrighted, your rights last for 70 years, 100 years, etc..
And you can generally choose to pursue that or not pursue that without coming across a waiver argument. So it's important to understand what rights, the source of the rights are being protected and on the website if its pictures or images or videos or interviews those are probably more copyrights whereas if its names or logos or things like that even if it appears on your website The source of that is trademarks. What a trademark does is it identifies source, so if you're showing a picture and Matt mentioned this, of the windmill, it can both be a copyright because you own the actual image and it can also be a trademark because it indicates sourcer affiliation that that windmill's associated with the City of Solvang. And so you have different obligations depending on the rights that you are defending or prosecuting.
clarify a little bit. It's right along what Matt was saying, but the difference and it's not intuitive for a non-lawyer is the difference between trademark rights and
copyrights. I believe Mr. Murphy has a comment to
make. A couple of things I want to say in a question to ask our intellectual property attorneys. The statement I wanted to make was to clarify I have had several conversations with our marketing consultant, and he has assured me every time I've spoken to him that they get releases and or permissions from the originators of the work They don't do work, they don't publish any of that work on our website if they don't have clear and authorization licensing rights whatever in perpetuity. So I was just talking with him earlier today about a jurisdiction that has a limited duration and how difficult that is because you've got to clean your website out all the time those things come up. So the question I have for Matt and or Don Council Member Infante pointed out, you scroll all the way down to the bottom of her page.
It says copyright Solvang, all rights reserved. Is that sufficient to protect the information on the website should somebody actually infringe or use information? And one instance we had here, and that's been referred to a couple of times. We didn't need us at C&D, we just said hey that's not right and it was taken down. So curiosity more than anything helping us understand Because we have that copyright, all rights reserved on the website should an incident happen in the future.
What protections would going through the effort of, you know, copywriting through the office have versus just having that statement at the bottom where we say we have all rights reserved and then assuming somebody was not willing to comply with the C&D and we did have to go through litigation. Would there be an advantage over one or the other since it is already protected in that sense?
Yeah, so boy a lot of questions and I'll try and answer them all. Let me know if I don't. So I think right now the website has a sufficient trademark notice or copyright notice so it would not change anything on the website currently what that does is set the city up to claim copyright rights in the website should there be infringement that occurs If the city wants to go beyond a cease and desist letter and to litigate, you would have to take the step of registering the website as a copyright prior to litigation. As I mentioned in my presentation, a copyright registration is the key to get into federal court so that would be a requirement.
The second benefit of having a registration prior to infringement Is the access to statutory damages and attorney's fees. If the infringement occurs before registration, you're limited to actual damages and only in the cases of willful infringement which is a rather high bar would you might be able to increase those damages and or claim attorney's fees? So it is certainly to the benefit to the city to take the additional step to file one or more copyright applications as a hedge against further or future enforcement because of the benefits those registrations afford.
2:06 – 2:1315 turns
One more thing, if I may. I keep hearing you use the term our website And the interesting part about that is although we own this website, that's a marketing website. That's not the website for the city and I just went to the website for the city and it doesn't have any copyright on it at all. We've got pictures and things all over this website So from a City Council staff point of view, I think we need to pay a little bit more attention. I know we're going to be doing an upgrade to our website here shortly but that are this website says government websites by civics plus that's all it says the bottom there's no copyright there's no restrictions is nothing I think we need to address that
I will, I would like to interject one thing and to say that the Copyright Act does not require that notice to appear. And the absence of that notice does not eliminate the ability for the city to claim copyright rights in the website. However it is best practices or would be considered best practices to have that notice appear. Yeah thank you.
Is it best practice to I'll go back to you introduced your credentials as having represented the City of Indio and Beverly Hills in Santa Monica. Is it really best practice for these public entities who have, who are making investments in material to either promote the city or promote tourism? Is it a best practice would you recommend us actively copywriting The website has its own class.
Yes, that would be the recommendation is for the city to look at the assets that it has and make a determination about what materials are so important to the city and so widely used that copyright and or trademark protection might be appropriate.
So just to clarify your question you said Copyright and register, but they're two different concepts. You tend to register for trademarks and that's normally a first step in a licensing program so if you're going to be selling merchandise or services and you don't want other people to use those names, or to put the windmill on a t-shirt or in a mug, or represent that they're providing tourism services for the city. That's trademark protection and so that needs to be as Matt was saying doesn't need to be but ideally registered at the federal level under the Lanham Act separate apart from that You know, the website is more focused on images and copyright protection. And that's an easier procedure. So part of it is trying to figure out what rights you want to protect, what rights you want to exploit, and for what purposes.
And then you figure out cost-benefit analysis whether it makes sense to undertake the legal effort in time to protect those rights. Does that make some sense?
Yes. Yeah, appreciate that.
Any other comments?
I had a couple more quick questions back on copyright in the slides when you outlined what exclusive rights copywriting gives us. I noticed that it wasn't listed the opportunity to grant permission to use. I assume that would be
Yes.
Only available to us if we actually went through the process of filing your sheet?
No, I would say anything the city has rights to any copyrights you can license to a third party so you could grant you could grant any or all of those exclusive rights to a third party under license.
And that would be policy, but not the formality of filing for copyright?
That is outside the consideration of whether to register something or not. You may always license your intellectual property rights to third parties registered or unregistered
I think we need that as a policy though because in the absence of that, if we were to go down the path of saying we are going to assert our right to enforce then we should also have a policy or some conditions by which we would say if you're gonna promote this for the 4th of July parade we concur. We approve yeah That's, I guess that's the council.
The licensing you're contemplating is both under trademark and copyright. And so you just need to be thoughtful as to what your licensing. So again, if it's name or images are things that a consumer would think of the city of Solvang, that's more trademark and service mark. Um, and if it's images that's more copyright And what gets confusing, again I think the layperson is this whole concept of registration. Copyrights as Matt said in his presentation you own it if it's original work of authorship reduced to some tangible form that's a copyright okay whether has a notice on it or not you know, a book or a message or an email or take a picture and it's something that you've done.
You own that copyright. And this whole thing about registration and notice is how you enforce those rights. So as Matt was saying on the ticket to federal court in order to actually file a lawsuit for copyright infringement one of the requirements is it be registered It can be registered after the fact. I mean, you could be writing a diary, your personal diary that nobody sees has no notices in it. It's not registered but it's still copyrighted by you when you wrote it. Now if you wanted to exploit it and somebody copied it, broke into your room and copied your diary, you couldn't sue them until you registered that diary in federal court And as Matt was pointing out, if you register it after the fact, it's going to limit some of the damages you can get.
But it doesn't prevent you from doing it and answers your question about licensing. If you had your private diary and you wanted to license somebody to make a 30 second Yes, thank you.
2:14 – 2:2112 turns
All right, everyone good up here? OK. We are going to go to public comment. I do have a slip here. Denise El-Amin but I believe she's left so that's the only one I'm aware of having up here. Anyone in the audience? Anyone on Zoom? No? OK, all right. So bring it back here. So right now you just need direction from us for how to proceed, correct? You don't need a motion?
That's correct. Staff is looking for direction on if you would like us to do further research and or engage in a further analysis of our assets. Like Matt is saying, to figure out what is really able to be registered is going to take some Forensic research of the website because we don't, we'd have to confirm whether we're licensing it from a particular image or something is being licensed versus something that we own by contract or by purchase.
But that's kind of the direction we want to hear from you if you want us to go forth and do that, or if at this point you're another way... I don't think it's very much
forensic Chelsea really is it? Is it because you just go get from TJA what they've licensed then we know what's in our content management system and we say everything in the website is copyrighted? Simple let's keep it simple
Sure, I mean it wasn't trying to imply it was going to take forever. I guess point being is we can't tell you at this moment what is you know? I don't have a checklist for you saying copyright this don't copyright that and I think based on There's other factors too, you know based on whether it's something for example if it's an image. If it's something the city is going to use for the year it might not make sense but if it's something that hey TGA thinks this is gonna be something they plan to have on the website for a while that might make more sense So there's a couple factors that Matt was talking about that might go into the decision and preparing that for the council's consideration would take some time, or you know staff would have to go through that effort.
You know other policy considerations might be, you know how much to use cease and desist letters or if we want to come back with a policy on licensing like you're saying. And have more formal things like that. You making
me ask this question do we so if let's say the video that we had that was copied and pasted into the mayor's app. If we had another new video that was created and added to the website after we copyrighted the bundle Are we saying it wouldn't be copyrighted anymore because it was not included in our registration process? Well, everything has copyrights. Exactly.
I think maybe Matt can jump in but my understanding is if it's a new video we can't register the website and all future things we're going to add to it correct?
Yeah, that's correct. The copyright application would cover the materials, the deposit materials that we send to the Copyright Office so it is a retrospective look at or essentially a snapshot in time of the website. If there is new material added to the website after the copyright application is filed, that would fall under common law copyright protection and not under the registration So for example, Microsoft periodically files new copyright applications for new developments of Word or Office or Excel or others to cover the new material that has been added since the last time the copyright application was filed.
So they're building a family of copyright registrations to cover the most current version of the software. In the case of the City of Solvang, you would need to do the same things. As new things were added maybe on an annual basis or semi-annual basis or whatever is determined, new applications would need to be filed to cover new material.
What is common law copyright protection?
Common law copyright protection exists as soon as the work is fixed in a tangible medium of expression, as soon as the video is created and transferred to the city We have copyright rights in it. We can license it to third parties, we can use it how we see fit. It's our material. The registration aspect again addresses the keys to federal court if litigation is desired and the type of damages that we might be able to claim for infringement activity.
Okay I think that last bit answered it. So we might be, I don't think anyone's here to try to make money from a lawsuit. That's not our motivation. It's to protect the public purse and the rights associated with the way we spend the money and making sure that the city is not being either misrepresented or falsely endorsing someone's private business. That's it. I mean, think we're in the business of either policing everything or in the business of trying to chase ambulances to shake down some loose change. That's not what we're trying to do.
So we can do very lightweight simple copyright at a point in time of the website. It signals intent and that we are motivated to protect what we create and our contracts And that's it. Maybe we do it once a year or we do it as needed.
I agree. I completely agree.
If I might offer a suggestion, so if we really look at this kind of as a bundle of rights and put together as many individual rights as possible to create a holistic approach to intellectual property. So that might be appropriate use of trademark symbols Appropriate use of copyright notices on a website, terms and conditions to say that all of the material on this website are owned by the city or controlled by the city.
And no third party uses permitted and then look at certain trademark applications and or copyright applications. So there are a number of steps the city can take along signal to any third party that unauthorized use of city materials is prohibited.
2:21 – 2:2717 turns
Okay, that sounds like something we add to our language at the bottom of the website. I think we can give them that direction.
Make sure we have it at the bottom like we do on the other website.
You made a point, Mark. We do it for both versions.
Have you guys thought about content in the website that might be user generated? Because I believe we do do that. They do, they do my use carousels featuring say pictures on Instagram that are produced by other people.
That's back to what PGA does and make sure that the license is covered before they use it We don't use that on our website today, I don't believe.
They do post user-generated content but again those are two different issues. That is we're not talking about the city using assets that we don't have the right to use. We're talking about other people using assets that belong to the city so I think making it clear that we reserve the rights to use this and also You know, send taking action sending letters of disease if it's appropriate. Yeah absolutely I think the city should do that but I don't we're talking about protecting the public purse and part of protecting the public purse is not adding more contracts or using public funds to things that might not benefit the city or might not be a good use of funds.
It's been a while since I've You know, engaging with people that are using the material inappropriately. But I don't think that we would necessarily benefit from periodically registering say the website as it is. Especially when it does have content that you know might not necessarily be ours. It might just be featured in the website and the only reason why this came up is because Of the implication that material is being used in appropriately say.
You know, the mayor is using material that was created using public funds for personal gain and we have other tools to make sure that doesn't happen. We just updated our code of ethics. You know, we can take action when somebody uses, you know, uses city property inappropriately so... That's
for us but imagine if this was yet a true third party? I mean That would be a problem, though it could become a serious
problem for us. It becomes a serious problem that somebody takes a picture on our website and posts it on their website? I
mean,
I think it is
far afield to imagine that someone would be harmful in their use. I think most people feel good about solving but it is a scenario that we should consider because we've proven it's easy to do and I think now we've got a point in time where we have to decide do we protect the city's assets or not. We haven't had the most negative scenario, but it's possible and now what do we decide? Do we protect it or not?
So maybe we're giving instruction just to do a shallow dive, not do a deep dive? We've
already spent a lot of time. How much time have you spent Chelsea looking into this?
A
lot. Yeah, like we've already spent a lot of staff time, legal fees, we're engaging consultants now on this thing.
We can't keep telling the staff... No I'm not telling them to do anything more but it now if if we pull back now we would have wasted all that time
I don't know. That's up to, I mean that's up for interpretation. What I'm saying is that we've been telling them to do a soft dive, soft dive, soft dive. We've already spent a lot of time on this and I think we're coming to the conclusion that saying you know asserting our rights that this is our material, this is our intellectual property and we will take appropriate measures if it's used I think that's good policy, but I don't think we need to engage further in consultants or registering assets. Let's be honest, they change all the time. The website content changes all the time and not all of it is generated by the city or TGA. A lot of it is user-generated.
So it would take a lot of discerning what we actually own and when we don't before registering. And is it really worth it if in six months or one more year, we're going to have to do it again? When in the history of this city being tourist destinations since the 1960s, this has come up one time and you know Public shame, I think took care of the problem.
2:27 – 2:3234 turns
So just add more protective language in the policy and add it to our website? Yeah.
I would say what we're saying is that, I'm going to disagree because I think we need to if the next step is to spend $1,000 to register the content for the copyright protection or the website itself as a bundle. It seems like we would have spent all this money and not taken the actual step of true protection for $1,000. Seems really short-sighted. The
problem I
have with that
is that'll happen every six months because we
add data to it
all the time.
But actually Claudia's making a good point. We don't have to. What we are doing is putting the stake in the ground and saying this is the content that we actually have the right To enforce protection on if we don't all we're doing it. We're doing what we are right now Which is which is no change?
We put a copyright on the bottom of everything that we have
It's already there so and the lawyer said it's enough
site.
Oh not on the government website
Okay, and that's all we're saying is
all you're
doing Let's do that, but I don't want to go along with cloud. I don''t want to do a whole lot more than that right now I don´t think it's worth it
You don't think it's worth $1,000? Wow. You're willing to risk a thousand dollars that if someone were to copy and paste any bit of the content and use it nefariously you're okay with that?
If I may, I think it would cost more than 1,000.
So what's the number? What would it cost?
Mr. Smith, what's your billable rate?
Oh wait a minute we do not need a consultative lawyer just to file that. We don't.
As the city's attorney I would recommend that we engage Trademark Council if you want to actually register any
trademark copyrights. Okay, the numbers that you gave us were pretty small
Registration fee numbers. Yeah,
that doesn't include
legal fees to do it.
Okay then you haven't given us all the information.
Well it's hard to tell we're engaging the consultants and say hey how much is this gonna cost me so but we are aware that it's not just the cost of registration And again, if we were in the business of selling merchandise, creating content that we license to others then it makes sense. But we are marketing the experience, we're not selling the experience itself.
So I think yeah just being very clear that you know we own our rights and I think we
need to kind of wrap this up. And I want to thank Don and Matt for all their time and everything. It seems like we would have some protection, more protection if we put all the language, appropriate language on all the websites and everything we have, and I think we would still be in a position To do a cease and desist and anything like that without having to go a lot deeper on this. I mean, I think we do have some protections.
So I think I'm hearing three of you say, which would be a majority, say that you are- would like to direct staff to ensure that there's proper disclaimers for copyrights. Copyright protection on both all the city's websites and we can look at that. I think there is someone that you know it's probably they're on the marketing but sounds like maybe it's not on the government website I'm also hearing that the majority of you would like the city staff to, if there is an instance where use is not a city asset that we own that's being used without permission, that we send a letter to say stop using it.
That would be as a policy direction going forward if that ever came up again. But beyond that, to not take further action.
Well I don't agree. We wasted a bunch of time and money.
I was trying to capture the conclusion of the majority! I
got you, I got it. Okay.
I hope no one steals any of our stuff? I think with that we have direction thank you and thank you Matt and Dawn for your time we really appreciate it.
Thank you very much. It's our pleasure please let us know if there's anything else we can do for this city.
2:32 – 2:425 turns
All right, so you have direction. So now we'll move on to 8B. Does someone want to bring
Madam Clerk, would you read number 8B into the record please?
Adopt Resolution 26-1323 adopting a biannual budget for fiscal year 26-27 through 27-28. Thank you.
Budget for FY 26-27 and
27-28 Council did not make any recommended changes, so you directed staff to return it tonight for final adoption. However between June 8th and last week we Renewed the janitorial contract for Extreme Clean and we increased the janitorial expenses an additional $20,282 to cover the extra services that they're providing. So that is the only change to the budget so I will be brief and next slide please And I will just review what we have. So for the budget recap for all funds, 26-27 revenue is expected to be $31,417,000. Expenses are expected to be $30,818,000 with a surplus of $598,340 between All funds. For 2728, the revenues is $31,343,000. Expenses is $27,849,000 with a surplus of almost 3.5 million and that's due to Measure U expenses and the suspended Table A not being included 2627 Revenues 13.9 Million Expenses 13.6 Million Surplus $320,304 27-28, the revenues are $14 million.
Expenses are $15.3 million with a deficit of $1.2 million however that's because Measure U does not have any expenses actually for the law enforcement. The general fund revenue, TOT sales tax and property tax make up 77.8% of the general fund revenues. Tourism and the broader economic conditions can directly affect the general fund revenue because TOT is 64% of our general fund revenue. Next slide please.
The general fund expenses. The largest operating categories are personnel is 5.5 million, services is 3.7 million, county other contracted services almost 1.7 million, agency contributions are 844,000 and projects are 588,000. I'll go over those categories. Services include street sweeping, street trees Insurance, studies, IT expenses, custodial legal fees and professional fees.
And services is $3.7 million. Next slide please. Contracted services is almost $1.7 million and that includes law enforcement, the audit, mental health assessment, animal control and LAFCO. Projects is $588,000 and that includes agenda management software, a lactation station, Yule Fest, retrofit tree wells, streetlight banners, planning, FEMA reimbursement, park and rec office remodel, track trash implementation, stormwater report, and Centennial Plaza remodel.
And then City Council Agenda Agency Contributions is $844,000 and that includes Visitor Center, Library, Senior Center, Solvang Chamber of Commerce, Solvang Theater Fest, Danish Days, Elver Hoy Museum, Rotary Club and the San Ynez Valley which is for the fireworks show and elections. And also the grant funding but we'll review those on the next slide. With personnel and human services grant funding, for the grant funding we are going to award $92,500 to Adderdag at Home People Helping People Solvang Elementary School Education Foundation, Solvang Rotary Parade 4th of July, and then San Ynez Valley Veggie Rescue.
Staffing personnel costs for general fund and the enterprise funds is 6.89 million. The staffing changes include adding 10 part-time seasonal lifeguard swim instructors, and then as we discussed last time replaces a human resource specialist with a management analyst with an emphasis in human resources. 2627 revenue is projected to be $2.45 million. Measure U expenses is $3.79 million and Because it's so much more for expenses, we'll be using the fund balance to help fund those expenses.
And that includes law enforcement, Hans Christian Anderson Park, the Hans Christian Anderson Skate Park, Sunnyfields Playground, weed abatement, the fire management plan and slurry seal area one in lots one through four. With the enterprise funds, water revenue is projected to be $6.66 million, expenses to be $7,304,000 which is a deficit of $635,000 however that includes the suspended table A of water purchase for $829,000 which we don't predict that we'll be spending that but we do have to budget so we don' lose that Moving forward. Wastewater revenue is $3,722,000. Expenses is $ 3,336,000 and we're looking at a surplus of 385,491. And as a reminder we will be once we get funding for the wastewater treatment plant Upgrade we will be reimbursing those expenses that we have spent.
The 27-28 revenue expenses for the enterprise funds will be determined based on the rate study that we'll be concluding after July 1. Next slide please. Fund balances and capital projects, now their capital projects amounts have already changed because we have almost finalized the CIP. But I wanted to make sure that we, that I note that it's subject to change based on the final CIP 2627 general fund balances is $10,166,000 and for 2728 is projected if we do all the capital improvement projects that we have planned to do The general fund balance will be $2,260,945. Measure U fund balance is $213,609 and at 27-28 the fund balance should be 2.4 million and that's so high because we don't have any expenses listed in Measure U yet because... Sorry, the number you entered was not recognized
2:42 – 2:4720 turns
Please enter your full 16-digit credit card account number.
The water fund is projected for
2026-2027 to have a fund balance of $654,167.
Okay, like I said maybe we should get that credit card account.
I think she wants me home
Sorry for the interruption go ahead
anyways okay So if we do the capital projects that's projected for 27-28 in the water fund, we will have a deficit of $1,732,000. However, the rate study... We do have to show those numbers because the rate study needs to be able to capture all the capital projects that we need to do. Waste Water Fund will have a negative $3,580,000 for 26-27 and for 27-28 a negative 6,199,000. But like I stated before once we get the funding from the USDA loan those figures will change.
So, staff will update the CIP and reduce fund balance impacts and include ADA transition plan recommendations. Evaluate timing priorities and funding sources for the capital projects. Planning Commission conformity review and City Council final approval will follow July 13th. July 13, 2011 Board of Trustees Meeting, Page 18 The general fund balance is projected to be a negative $16 million if we continue with the capital projects and do not look at any other additional revenue sources. And if all those projects are completed, yes there could be a negative 16 million but obviously we cannot do that so we will have to have corrective action over the next 10 years to avoid that.
General fund water fund and wastewater fund forecast show expenditures outpacing revenues over time Measure U will continue to pay for supplementing the general fund and supporting the city services. And what does this mean? Staff will continue to monitor the major revenue sources, capital project timing, grant opportunities, service levels, enterprise fund needs, cost reductions and revenue strategies, and looking at additional revenue sources.
So next slide. With that, the recommended action is to adopt Resolution 26-1323 approving the biennial budget for fiscal years 26-27 and 27-28. Do you have any questions?
Thank you. Any questions for staff?
Yeah, I just wanted to make sure that it's clear that in the line that says City Council $800,000. So that includes all the contributions that council makes two different community agencies?
Yes, so it's the library is the Senior Center. It's the grant funding. It''s the theater fest. It' s the Elver Hoye. It'S all of those
Yeah, it's not us making $800,000
collectively. It is not. And don't calculate your hourly wage because you won't be very happy.
Question. You mentioned the law enforcement. What are you showing for annual?
Just in the general fund is 1.5 million but it'll be up to like 3.7 million and 27-28
but it's not the total amount that we pay for law enforcement.
Yes.
That is?
Yes. 1.3 million?
No, in general fund. The other part comes out of Measure U.
Yes so in 26-27 it's like 3.4 million and 1.5 is coming out of general fund and the rest is coming out. It's like 1.7 or 8 is coming out of measure u
2:47 – 2:5318 turns
The public comment
highlighted the long-term outlook and the impact on general fund. words that could be more effective when we said without corrective action, you were simply pointing out that we need grant money and other funding and to project future revenues. It's not that there is an urgent requirement if we pass this budget for us to do something now it was a projection of the capital impact in future
years. And that's why we had to present it the way it is because we have to show that, you know, we don't have this endless bucket of money and we also have to show that Measure U, the forefathers, had that foresight to put that tax on And that money in reality is to help fund the law enforcement contract, not do all these extra services. And we're to that point now where we're not gonna be able to use the Measure U monies to spend a lot of additional services like we have been doing. 9-1-1 services, law enforcement.
It was for added services, not to cover existing contracts. So let's just be careful we are having to use it because the fees are increasing on us at very aggressive increments.
Yes but it does say I don't... Are you looking up the exact?
The ballot language was general because if it had been specific for law enforcement, it would have needed the two-thirds majority. So be careful that's not
how the voters voted for it. Be careful they voted for it according to the language that was on the ballot
Correct, but what Wendy is pointing out is that it won't be much longer. It will all be used to pay the additional law enforcement costs so we need to find other options and one of the reasons we're looking at finding another law enforcement provider because we hopefully can do it for less money But if based on continuing cost escalations, the additional projects and items that were identified in that ballot language become secondary to the law enforcement contract.
Over time, not tomorrow, not next week, not even next year but over time. The staff looked at the escalating costs for Sheriff when a Measure U idea...
What I think you're really saying is it's putting pressure on the rest of the general fund line items. But we shouldn't just assume Measure U gets fully dedicated to Sheriff one line item
bottom line is we need more money
than we have. We're not today, but what he's saying is that down low yeah when we know we need more money.
Okay and if there's no other questions I'm going to open it to public comment. Is anybody online? Any slips any okay then I will close it to public comments and bring it back to the dais for action or further discussion I move that we
adopt resolution 2613.23,
adopting the biennial
budget for fiscal year 2627 to 2728.
We are moving on to Item 8C. Adopt resolution 26 1324 setting and adopting the range schedule for non-represented employees effective July 1, 2026. Thank
you staff report please
All right. Since City Council approved the biennial budget for fiscal years 26, 27 and 27-28 that budget includes salary infringed benefits for the city employees and the salary The salaries in the budget included a 4% cost of living adjustment. We put forward the resolution tonight to authorize implementation of that 4% for the eligible non-represented exempt employees effective July 1, 2026.
4% cost of living adjustment at this time
2:54 – 3:0036 turns
Inflation adjustment for represented employees.
We have not finished negotiations yet so that is undetermined, which is why it's not for the hourly.
Then is that for one year only? That 4% or does it continue to the rest of the for two years?
Well it's for one year but that four percent won't go away
No, I understood. But it's only for the next 12 months basically? It doesn't extend beyond that? Correct. For 4% or we can readjust it at that time?
Correct.
Thank you.
So the language does say 27 and 28.
That's a budget.
So this is for one
year?
It's a step up and then when we do it again next year the step-up remains right?
If you if you adopt it tonight their salary is going to go up by the 4% and we'll keep I'll stay at that level until you take an additional action. It's not a new four percent every year by adopting this, it's just four percent this year and then they're their salaries.
The mayor asked... The
salary ranges those are based on those are merit increases going forward.
Thank you so that's a question. This is a cap it is not a guarantee correct? It is still, it is the maximum and then we still determine what individual incremental raises are based on merit.
If they receive an acceptable evaluation they will go to the next step yes?
Okay.
On their anniversary date.
Is there really fringe benefits in here or just benefits? In the budget.
What is a fringe benefit? Retirement, housing, medical, bilingual
Thanks for clarifying. I don't want it to sound like
it's
compulsory.
It is 4% in the budget, the 4% is for one year for the budget of 26-27. Any other
questions? I will open it to public comment if there are any. Okay I will close it to public comment and bring it back for action or further discussion.
I'll make a motion, I'll move to adopt resolution 26 1324 which is setting in adopting the new salary range schedule for non-represented exempt employees and authorize the 4% cost of living adjustment effective July 1st 2026. And I will second
It's been properly moved and seconded to approve 8C, Adopt a Resolution 261324. Roll call please.
Roll-call vote Passed 4–0 moved and seconded to approve 8C, Adopt a Resolution 261324. Roll call
Show transcript
Motion passes 5-0
Thank you do we have any council closing comments
I have one more closing comment. I'm just going to go back to the copyright issue because it actually, I was wrong. It isn't $1,000 to register the copyright. The slide says $100 if and additional for a group registration so it's only $100 to take that extra step but no one corrected me The attorney fees were if utilized. So it doesn't even sound like based on the presentation that an attorney is even necessary, but again no actual representative discussion on that so I want to make sure even the public knows that we decided not to take the final step because we don't want to spend a few dollars.
We could all make a donation up
here
and we would cover the cost
I skipped a couple of things. On the 11th, On the 12th was a city mayor's leadership forum in Santa Barbara with other mayors throughout the Santa Barbara County. We visited the jail and the new jail under construction for the police department and their facility I couldn't believe the price tag on that it was 120 million dollars. Oh, the North County one? No, just downtown Santa Barbara City.
Oh they're getting yet another one?
That's not county. The police station yeah well it has a jail in it and there's sales down in the dungeon. It's not finished yet, so I was able to get out. But there you have it. And I also wanted to thank Parks and Recreation. I was not able to make it but I heard that the Pride Festival and Parade were outstanding and fun. And want to thank them also for getting the pool opened at the high school and giving that activity available for everyone.
Unless there is anything else, I will adjourn the meeting at 923.