2/15/2022 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, February 15, 2022
Closed Session
4:00 P.M.
Regular Session
5:30 PM
City Hall
130 Cremona Drive
Goleta, California
This Virtual Meeting is held pursuant to AB361. The meeting will be Virtual because meeting in person would present imminent risks to the health or safety of attendees.
Members of the City Council
Paula Perotte, Mayor
Stuart Kasdin Mayor Pro Tempore
Roger S. Aceves, Councilmember
James Kyriaco, Councilmember
Kyle Richards, Councilmember
Michelle Greene, City Manager
Deborah S. Lopez, City Clerk
Megan Garibaldi, City Attorney
4:00 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 4:00 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards
ABSENT: None
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None
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CLOSED SESSION
Megan Garibaldi, City Attorney read into record on closed session matters by title only:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to two potential cases.
RECESS TO CLOSED SESSION
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 5:47 P.M., followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards
ABSENT: None
REPORT FROM CLOSED SESSION OF FEBRUARY 4, 2022, FEBRUARY 8, 2022, AND FEBRUARY 15, 2022
Megan Garibaldi, City Attorney, reported on Closed Session items as follows:
FEBRUARY 4, 2022: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section § 54957 (b)(1)
Title: City Manager
Report: No Reportable Action
FEBRUARY 8, 2022: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section § 54957 (b)(1)
Title: City Manager
Report: No Reportable Action
FEBRUARY 15, 2022: CONFERENCE WITH LEGAL C OUNSEL – ANTICIPATED
LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to two potential cases.
Report: No Reportable Action
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PUBLIC FORUM
None
AMENDMENTS OR ADJUSTMENTS TO AGENDA
Michelle Greene, City Manager, reported that Item C.1 Continued Public Hearing on the proposed Historic Preservation and Archaeological and Tribal Cultural Ordinance; Case Number 16-092 OA; City Wide, will be continued to April 5, 2022.
MOTION: Councilmember Richards /Councilmember Kyriaco to continue Item C.1 - Public Hearing on the proposed Historic Preservation and Archaeological and Tribal Cultural Ordinance; Case Number 16-092 OA; City Wide, to April 5, 2022.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
A. PRESENTATION
A.1 Proclamation of the City Council of the City of Goleta, California, Proclaiming February 2022 as Black History Month in the City of Goleta
Proclamation of the City Council of the City of Goleta, California, Proclaiming February 2022 as Black History Month in the City of Goleta
Councilmember Kyriaco read the Proclamation into the record.
Reverend Dr. David Moore, Jr. received the Proclamation.
B. CONSENT CALENDAR
B.1 Findings to Hold Remote Teleconference/Meetings, Pursuant to Assembly Bill 361
In accordance with Assembly Bill 361 ("AB 361"), authorize remote teleconference/virtual meetings of all City of Goleta legislative bodies, by finding that: (1) a statewide state of emergency is currently in place; (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and (3) meeting in person would present imminent risks to the health or safety of attendees.
Findings to Hold Remote Teleconference -Meetings, Pursuant to Assembly Bill 361
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MOTION: Mayor Pro Tempore Kasdin /Councilmember Richards to approve in accordance with Assembly Bill 361 ("AB 361"), authorize remote teleconference/virtual meetings of all City of Goleta legislative bodies, by finding that: (1) a statewide state of emergency is currently in place; (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID -19; and (3) meeting in person would present imminent risks to the health or safety of attendees.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.2 Approval of the February 1, 2022, City Council Meeting Minutes
Approve the February 1, 2022 City Council Meeting Minutes.
Approval of the February 1, 2022, City Council Meeting Minutes
MOTION: Mayor Pro Tempore Kasdin/Councilmember Richards to approve the February 1, 2022 City Council Meeting Minutes.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.3 Acceptance of the January 2022 Check Register
Accept the check register for the month of January 2022.
Acceptance of the January 2022 Check Register
MOTION: Mayor Pro Tempore Kasdin /Councilmember Richards to accept the check register for the month of January 2022.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.4 Acceptance of the December 2021 Investment Transaction Report
Accept the investment transaction report for the month of December 2021.
Acceptance of the December 2021 Investment Transaction Report
MOTION: Mayor Pro Tempore Kasdin /Councilmember Richards to accept the investment transaction report for the month of December 2021.
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VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.5 Ratification of Mayoral Appointment to the Planning Commission and Mayoral Appointment to the Design Review Board
A. Ratify the mayoral appointment of Elrawd MacLearn to the Planning Commission for an unexpired portion of a term ending February 2023; and B. Ratify the mayoral appointments of James King, At -Large, Craig Shallanberger, At -Large and Martha Degasis to the Licensed Landscape Professional for terms ending date of February 2025 and Dennis Whelan to the Architect Position on the Design Review Board, term ending February 2023.
Ratification of Mayoral Appointment to the Planning Commission and Mayoral Appointment to the Design Review Board
MOTION: Mayor Pro Tempore Kasdin/Councilmember Richards to A. Ratify the mayoral appointment of Elrawd MacLearn to the Planning Commission for an unexpired portion of a term ending February 2023; and B. Ratify the mayoral appointments of James King, At - Large, Craig Shallanberger, At -Large and Martha Degasis to the Licensed Landscape Professional for terms ending date of February 2025 and Dennis Whelan to the Architect Position on the Design Review Board, term ending February 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.6 Response to 2020-21 Santa Barbara County Civil Grand Jury Report Titled "Pensions in Santa Barbara County Require Vigilance"
A. Review staff's recommended responses to the Santa Barbara County Civil Grand Jury (Grand Jury) Report regarding - "Pensions in Santa Barbara County Require Vigilance"; and
B. Authorize the City Manager to sign and transmit the City's Response to the Presiding Judge of the Superior Court, a copy to the current impaneled Grand Jury, and to file a copy with the City Clerk's Office.
Response to 2020-21 Santa Barbara County Civil Grand Jury Report Titled "Pensions in Santa Barbara County Require Vigilance"
MOTION: Mayor Pro Tempore Kasdin /Councilmember Richards to A. Review staff's recommended responses to the Santa Barbara County Civil Grand Jury (Grand Jury) Report regarding -
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"Pensions in Santa Barbara County Require Vigilance"; and B. Authorize the City Manager to sign and transmit the City' s Response to the Presiding Judge of the Superior Court, a copy to the current impaneled Grand Jury, and to file a copy with the City Clerk's Office.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.7 Approval of Final Parcel Map 32,060, located at 7414, 7416 and 7418 Hollister Ave., Case No. 21-0003-SUB related to Case No. 18-032-TPM.
Adopt Resolution No. 22-__ entitled, "A Resolution of the City Council of the City of Goleta, California, Authorizing the Execution and Recordation of Final Map 32,060 for Goleta Ventures LLC, a Delaware Limited Liability Company, located at 7414, 7416, and 7418 Hollister Ave, Case No. 21 -0003-SUB, related to Case No. 18-032-TPM."
Approval of Final Parcel Map 32,060, located at 7414, 7416 and 74 18 Hollister Ave., Case No. 21-0003-SUB related to Case No. 18-032-TPM
MOTION: Mayor Pro Tempore Kasdin /Councilmember Richards to adopt Resolution No. 22-02 entitled, "A Resolution of the City Council of the City of Goleta, California, Authorizing the Execution and Recordation of Final Map 32,060 for Goleta Ventures LLC, a Delaware Limited Liability Company, located at 7414, 7416, and 7418 Hollister Ave, Case No. 21 -0003-SUB, related to Case No. 18-032-TPM."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.8 Report on Issuance of Emergency Permit for Tree Trimming and Removals at Santa Barbara Shores Park; Case No. 22-0001-EMP
Receive and file this report.
Report on Issuance of Emergency Permit for Tree Trimming and Removals at Santa Barbara Shores Park; Case No. 22-0001-EMP
MOTION: Mayor Pro Tempore Kasdin /Councilmember Richards to receive and file this report.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
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C. PUBLIC HEARING
C.1 Continued Public Hearing on the proposed Historic Preservation and Archaeological and Tribal Cultural Ordinance; Case Number 16-092 OA; City Wide
STAFF RECOMMENDS THAT ITEM C.1 CONTINUED PUBLIC HEARING ON
THE PROPOSED HISTORIC PRESERVATION AND ARCHAELOGICAL AND TRIBAL CULTURAL ORDINANCE; CASE NUMBER 16-092OA; CITY WIDE BE CONTINUED TO APRIL 5, 2022.
Continued Public Hearing on the proposed Historic Preservation and Archaeological and Tribal Cultural Ordinance; Case Number 16 -092 OA; City Wide
The Public Hearing on the proposed Historic Preservation and Archaeological and Tribal Cultural Ordinance; Case Number 16 -092 OA: City Wide was continued to April 5, 2022.
D. DISCUSSION/ACTION ITEM
D.1 Consideration of Next Steps for Ordinance No. 21 -09, Amending Chapter
5.07 of Title 5 of the Goleta Municipal Code Bann ing the Sales of Flavored Tobacco
Staff seeks Council direction on the following options: A. Repeal Ordinance No. 21-09 in its entirety and direct staff to return with an ordinance to effectuate the repeal of Ordinance No. 21 -09; or B. Submit the Referendum on Ordinance No. 21-09 to the voters for consideration at either (a) the next special election (June 7, 2022) or (b) the next regular municipal election (November 8, 2022), and direct staff to return with the requisite resolution to call such election.
Consideration of Next Steps for Ordinance No. 21 -09, Amending Chapter 5.07 of Title 5 of the Goleta Municipal Code Banning the Sales of Flavored Tobacco
Public Comment Received
Staff Speakers:
Megan Garibaldi, City Attorney
Winnie Cai, Assistant City Attorney
Kristy Schmidt, Assistant City Manager
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Public Speakers:
Lindsay Freitas, Campaign for Tobacco Free Kids, Erica Costa, Advocacy Director American Lung Association, Jayne Brechwald, Co -Chair, Coalition Engaged in A Smoke -free Effort, CEASE, Dawn Dunn, Former Coordinator Tobacco Prevention Settlement Program Santa Barbara County, Ector Flores - Garcia, Adriana Almazan, Coalition Engaged in A Smoke -free Effort, CEASE, spoke in support of submitting the Referendum on Or dinance No. 21 -09 to the voters for consideration at the next regular Municipal Election.
Don Goldberg, Coalition Engaged in A Smoke -free Effort, CEASE, spoke in support of policies at the local level and urged the City to not wait for the state to implement policy.
All public comment received posted online:
Melissa Wilkins
MOTION: Councilmember Kyriaco/Mayor Perotte to submit the Referendum on Ordinance No. 21-09 to the voters for consideration at the next regular municipal election (November 8, 2022), and direct staff to return with the requisite resolution to call such election.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Kyriaco, and Richards. Noes: Councilmember Aceves.
RECESS 7:17 P.M. - 7:28 P.M.
D.2 Santa Barbara County Request for $75,000 in Funding to Provide Supportive Services to Persons Receiving Emergency Housing Vouchers
A. Approve an appropriation of $75,000 from the American Rescue Plan Act fund to the Neighborhood Services program budget, to fund Santa Barbara County's request for fu nding support of the Emergency Housing Voucher Program.
B. Authorize the City Manager to enter into a Memorandum of Understanding with Santa Barbara County for funding of Emergency Housing Vouchers Supportive Services for FY 22/23 in an amount not -to-exceed $75,000 in a form approved by the City Attorney.
Santa Barbara County Request for $75,000 in Funding to Provide Supportive Services to Persons Receiving Emergency Housing Vouchers
Staff Speaker:
Jaime Valdez, Neighborhood Services Director
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Kimberly Albers, Homeless Assistance Program Manager, Santa Barbara County
Public Speakers:
None
MOTION: Mayor Pro Tempore Kasdin/Councilmember Richards to A. Approve an appropriation of $75,000 from the American Rescue Plan Act fund to the Neighborhood Services program budget, to fund Santa Barbara County's request for funding support of the Emergency Housi ng Voucher Program.
B. Authorize the City Manager to enter into a Memorandum of Understanding with Santa Barbara County for funding of
Emergency Housing Vouchers Supportive Services for FY 22/23 in an amount not -to-exceed $75,000 in a form approved by the City Attorney.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
D.3 Fiscal Year 2021/22 Second Quarter (Mid-Year) Financial Review
Adopt Resolution No. 22-__ entitled, "A Resolution of the City Council of the City of Goleta, California, Amending the City of Goleta's Operating and CIP Budget for Fiscal Year 2021/22, and amending the City's Schedule of Authorized Positions for Fiscal Year 2021/22."
Fiscal Year 2021-22 Second Quarter (Mid-Year) Financial Review
Staff Speaker:
Michelle Greene, City Manager
Luke Rioux, Finance Director, provided a presentation to the City Council titled, "Fiscal Year 2021/22 Second Quarter (Mid -Year) Financial Review" dated February 15, 2022 (presentation on file).
Public Speakers:
None
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to adopt Resolution No. 22-03 entitled, "A Resolution of the City Council of the City of Goleta, California, Amending the City of Goleta's Operating and CIP Budget for Fiscal Year 2021/22, and
amending the City's Schedule of Authorized Positions for Fiscal Year 2021/22."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves,
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Kyriaco, and Richards. Noes: None.
E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Councilmember Richards reported attending the February 7, 2022 Finance and Audit Standing Committee meeting which was covered under Item D.1 on the agenda. Councilmember Richards expressed his grief over the recent loss of 43 year old Goleta Resident, Richard Card ona, and urged the public to contact the authorities with any information to catch the perpetrator. Councilmember Richards also stated his commitment to make Goleta a secure, safe and welcoming community.
F. CITY MANAGER/STAFF REPORT
None
G. CITY ATTORNEY REPORT
None
ADJOURNED AT 8:14 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK