By Raiza Giorgi

Faced with a challenge of legality from the Santa Ynez Valley Star and a investigation by the Santa Barbara County District Attorney’s office, the Solvang City Council is scheduled on Monday night, Aug. 12, to consider rescinding a decision it made in closed session on July 8 to cancel the city’s contracts with the Solvang Chamber of Commerce and the Solvang Conference and Visitor’s Bureau.

It will also immediately consider the decision again in public session, according to the council agenda posted on www.cityofsolvang.com.

The Santa Ynez Valley Star and Noozhawk.com had questioned the July 8 decision as a violation of the Brown Act and therefore subject to legal challenge if the council did not bring it back for public reconsideration, saying the decision was inappropriate for a closed session.

The Santa Barbara County District Attorney’s office was also investigating the action, according to an Aug. 2 email response to the Star’s questions.

“We are actively investigating the allegations and therefore must refrain from responding to any questions, at this time, relating to this matter,” said Chief Investigator Patrick Clouse for the DA’s office.

The stated purpose of the closed session July 8 was a discussion of threatened litigation, which did not appear to provide for a private discussion and action on the two contracts.

The Brown Act requires meetings of the council to be open and public unless the law expressly authorizes a closed session. It also limits the council’s ability to take action on items that are not listed in advance on the agenda.

“That decision makes it subject to legal challenge for violating the Brown Act, unless they start the discussion again, this time in public,” according to Staff Attorney Whitney Prout of the California News Publishers Association.

According to Prout, the council’s action to terminate the chamber contract during the closed session was “questionable,” and the action to terminate the SCVB contract and authorize negotiation of new interim contracts was “well beyond the scope of the item listed on the agenda and not appropriate for closed session discussion.”

The Aug. 12 agenda packet recommends that the council rescind the decision to terminate the agreement, and then consider whether any additional action, up to and including termination, is required in connection with the original chamber contract and the original SCVB contract.

“The City Council’s July 8, 2019, instructions in closed session to the Interim City Attorney to provide notice of termination of both the Original Chamber and Original SCVB Contracts was directly related to the threat of litigation discussed in closed session and it also related to the June 24^th, 2019, budget hearing actions,” according to a staff report in the council’s agenda packet.

Other items on the agenda include direction on SCVB negotiations and alternative solutions such as authorizing the Mayor and Interim City Attorney to negotiate with Visit Santa Ynez Valley (VisitSYV) for services for STOMP event and Visitor Information Center Management; explore and potentially negotiate for Visitor Guide fulfillment and Julefest services; and direct Mayor and newly hired Public Information Officer Kady Fleckenstein to issue RFP for Marketing Services Plan options.

The entire packet is available at www.cityofsolvang.com/AgendaCenter/ViewFile/Agenda/_08122019-447.