4/19/2022 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, April 19, 2022
Closed Session – 4:00 PM
Regular Session - 5:30 PM
City Hall
130 Cremona Drive
Goleta, California
This will be a hybrid virtual/in-person meeting in Council Chambers/Zoom State/local officials continue to recommend measures to promote social distancing
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 in to the record closed session matters by title only and recommended the City Council make a motion to add an additional closed session item regrading a threat of litigation:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to the provisions of Government Code Section 54956.9(d)(2) and (e)(3) with regard to one potential case. See attached letter from Robert Shaffer, General Counsel for Security Paving Company, Inc. dated February 22, 2022, which is also available for public inspection at the City Clerk's offi ce at 130 Cremona Drive, Goleta, during normal City Hall business hours.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Public Comment Received
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to the provisions of Governmen t Code Section 54956.8 with regard to the following matter:
Property: 5515 Hollister Avenue, Goleta CA 93117. APN # 071-140-064 Agency Negotiator: Michelle Greene, City Manager
Negotiating Party: Steven Giorgi
Under Negotiations: Price and Terms
MOTION: Councilmember Aceves/Mayor Pro Tempore Kasdin to add an item to closed session:
CONFERENCE WITH LEGAL COUNSEL - THREAT OF
LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54952(2)(B) with regard to one potential case.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
RECESS TO CLOSED SESSION AT 4:04 P.M.
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
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Mayor Perotte called the meeting to order at 5:50 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
Megan Garibaldi, City Attorney, reported on closed session matters as follows:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to the provisions of Government Code Section 54956.9(d)(2) and (e)(3) with regard to one potential case. See attached letter from Robert Shaffer, General Counsel for Security Paving Company, Inc. dated February 22, 2022, which is also available for public inspection at the City Clerk's office at 130 Cremona Drive, Goleta, during normal City Hall business hours.
Action: No Reportable action
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case.
Action: No Reportable action
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter: Property: 5515 Hollister Avenue, Goleta CA 93117. APN # 071 -140- 064
Agency Negotiator: Michelle Greene, City Manager
Negotiating Party: Steven Giorgi
Under Negotiations: Price and Terms
Action: No Reportable action
CONFERENCE WITH LEGAL COUNSEL - THREAT OF LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54952(2)(B ) with regard to one potential case.
Action: No reportable action
Megan Garibaldi, City Attorney, reported on closed session matters from the April 14, 2022 Special City Council meeting as follows:
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
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Pursuant to the provisions of Government Code Section 54956.9(d)1 to confer with its legal counsel with regard to the following matter of pending litigation:
• City of Goleta v. Regents of the University of California, et al., Santa Barbara County Superior Court Case No. 21CV04854
Action: No reportable action
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter:
Property: 891 S. Kellogg Ave.– APN: 071-170-079, 071-170-080 & 071-170-083 Agency Negotiator: Michelle Greene, City Manager
Negotiating Party: Thornwood Real Estate, LLC
Under Negotiations: Price and Terms
Action: No reportable action
PUBLIC FORUM
William Frank Draper expressed concerns with the direction of the United States.
Phebe Mansur and Linda Foster spoke in opposition raising sales taxes.
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
A. PRESENTATION
A.1 United Way Presentation of Regional Child Care Assessment Receive a Report of the Child Care Assessment conducted by United Way of Santa Barbara County.
United Way Presentation of Regional Child Care Assessment
Staff Speakers:
Shannon Kirn, Management Analyst, provided a presentation to the City Council titled, "United Way Presentation of Regional Child Care Assessment,"
Melinda Cabrerra, Vice-President, United Way of Santa Barbara County Maria Chelsey, Consultant, Maria Chelsey Consulting
Steve Ortiz, President and CEO of United Way
Public Speakers:
None
The City Council received the presentation
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B. CONSENT CALENDAR
ITEM B.6 WAS PULLED FROM THE CONSENT CALENDAR
B.1 Findings to Hold Remote Teleconference/Meetings, Pursuant to Assembly Bill 361
In accord ance 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; and (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.
Findings to Hold Remote TeleconferenceMeetings, Pursuant to Assembly Bill 361
MOTION: Councilmember Aceves/May or Pro Tempore Kasdin 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; and (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.
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 Special City Council Meeting Minutes of March 31, 2022 and the City Council Meeting Minutes of April 5, 2022
Approve the Special City Council Meeting Minutes of March 31, 2022 and the City Council Meeting Minutes of April 5, 2022.
Approval of the Special City Council Meeting Minutes of March 31, 2022 and the City Council Meeting Minutes of April 5, 2022
MOTION: Councilmember Aceves/Mayor Pro Tempore Kasdin to approve the Special City Council Meeting Minutes of March 31, 2022 and the City Council Meeting Minutes of 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.
B.3 Amendment No. 2 to Agreement 2021 -047 for Professional Services with Props and Measures for Professional Outreach a nd Public Relation Services
Approve and authorize the City Manager to execute Amendment No. 2 to Agreement 2021 -047 for Pro fessional Services with Props and Measures for
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professional outreach and public relation services increasing the contract amount by $40,000 for a new total not-to-exceed amount of $116,000.
Amendment No. 2 to Agreement 2021 -047 for Professional Services with Props and Measures for Professional Outreach and Public Relation Services
MOTION: Councilmember Aceves/Mayor Pro Tempore Kasdin to approve and authorize the City Manager to execute Amendment No. 2 to Agreement 2021 -047 for Professional Services with Props and Measures for professional outreach and public relation services increasing the contract amount by $40,000 for a new total not -to- exceed amount of $116,000.
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 March 2022 Check Register
Accept the check register for the month of March 2022.
Acceptance of the March 2022 Check Register
MOTION: Councilmember Aceves/Mayor Pro Tempore Kasdin to Accept the check register for the month of March 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.5 Annual Comprehensive Financial Report for the Year Ended June 30, 2021 Accept the Annual Comprehensive Financial Report for the Year Ended June 30, 2021.
Annual Comprehensive Financial Report for the Year Ended June 30, 2021
MOTION: Councilmember Aceves/Mayor Pro Tempore Kasdin to accept the Annual Comprehensive Financial Report for the Year Ended June 30, 2021.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
ITEM B.6 WAS PULLED FROM THE CONSENT CALENDAR
B.6 Second Reading of Ordinance Adopting Historic Preservation and Archaeological and Tribal Cultural Ordinance; Case Number 16 -092 OA;
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City Wide
Conduct the second reading (by title only) and waive further reading and adopt Ordinance No. 22-_____ entitled "An Ordinance of the City Council of the City of Goleta, California, adding Chapter 2.16, en titled Historic Preservation Commission, Chapter 17.33, entitled Historic Resource Preservation, Chapter
17.43, entitled Archaeological and Tribal Cultural Resources, and various Amendments to Titles 12 and 17 of the Goleta Municipal Code; Case No. 16 - 092OA."
Second Reading of Ordinance Adopting Historic Preservation and Archaeological and Tribal Cultural Ordinance; Case Number 16-092 OA; City Wide
Public Comment Received
Staff Speakers:
Peter Imhof, Planning and Environmental Review Director Lisa Prasse, Current Planning Manager
Public Speakers:
Chris Noddings stated concerns regarding the proposed ordinance.
MOTION: Councilmember Aceves/Mayor Pro Tempore Kasdin to conduct the second reading (by title only) and waive further reading and adopt Ordinance No. 22 -05 entitled "An Ordinance of the Ci ty Council of the City of Goleta, California, adding Chapter 2.16, entitled Historic Preservation Commission, Chapter 17.33, entitled Historic Resource Preservation, Chapter 17.43, entitled Archaeological and Tribal Cultural Resources, and various Amendments to Titles 12 and 17 of the Goleta Municipal Code; Case No. 16-092OA."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
C. PUBLIC HEARING
C.1 Consideration of Initiation of a General Plan Amendment for an unaddressed parcel on Viajero known as APN 079 -210-053; Case No. 21 - 0003-GPA
STAFF RECOMMENDS THAT ITEM C.1 CONTINUED PUBLIC HEARING ON
THE CONSIDERATION OF INITIATION OF A GENERAL PLAN AMENDMENT FOR AN UNADDRESSED PARCEL ON VIAJERO KNOWN AS APN 079 -210- 053; CASE NO. 21-0003-GPA BE CONTINUED TO MAY 17, 2022.
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Consideration of Initiation of a General Plan Amendment for an unaddressed parcel on Viajero known as APN 079-210-053; Case No. 21-0003-GPA
Staff Speakers:
None
OPENED THE PUBLIC HEARING AT 6:48 P.M.
Public Speakers:
None
MOTION: Mayor Pro Tempore Kasdin/Councilmember Richards to continue this item to the May 17, 2022 City Council Meeting.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
C.2 Annual Adjustments for User Fees and Charges
A. Conduct a Public Hearing on the Proposed User Fees and Charges; and B.
Adopt Resolution No. 22 -__ entitled "A Resolution of the City Council of the City of Goleta, California, Rescinding Resolution 21 -37, Approving and Adopting the FY 2022/2023 User Fees and Charges."
Annual Adjustments for User Fees and Charges
Public Comment Received
Staff Speakers:
Luke Rioux, Finance Director
Tony Gonzalez, Finance Manager, provided a presentation to City Council titled "Annual Adjustments for User Fees and Charges" dated April 19, 2022 (presentation on file).
OPENED THE PUBLIC HEARING AT 6:59 P.M.
Public Speakers:
None
CLOSED THE PUBLIC HEARING AT 7:01 P.M.
MOTION: Mayor Pro Tempore Kasdin/Councilmember Kyriaco to adopt Resolution No. 22-11 entitled "A Resolution of the City Council of the City of Goleta, California, Rescinding Resolution 21 -37, Approving and Adopting the FY 2022/2023 User Fees and
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Charges."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
D. DISCUSSION/ACTION ITEM
D.1 Renewal of the Santa Barbara South Coast Tourism Business Improvement District
Adopt Resolution No. 22-__, entitled "A Resolution of the City Council of the City of Goleta, California, Granting Consent to the City of Santa Barbara to Renew the Santa Barbara South Coast Tourism Business Improvement District."
Renewal of the Santa Barbara South Coast Tourism Business Improvement District
Staff Speakers:
Ryan Kintz, Assistant to the City Manager
Public Speakers:
Kathy Janega-Dykes, President & CEO, Visit Santa Barbara provided a presentation to City Council titled, "Visit Santa Barbara," dated April 19, 2022 (presentation on file).
Steve Janicek. General Manager, Ritz-Carlton Bacara, and Barry Dorsey, General Manager, The Leta Hotel, Kristen Miller, President and CEO, Santa Barbara South Coast Chamber of Commerce and Samantha Onnan, CEO of the Santa Barbara Airbus spoke in support of the percentage model and the South Coast TBID.
MOTION: Councilmembers Kyriaco/Richar ds to adopt Resolution No. 22 - 12, entitled "A Resolution of the City Council of the City of Goleta, California, Granting Consent to the City of Santa Barbara to Renew the Santa Barbara South Coast Tourism Business
Improvement District."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
D.2 Ordinance Regulating Single -Use Foodware Accessories and Standard Condiments in Compliance with Assembly Bill 1276
A. Introduce and conduct the first reading by title only, waiving further reading of Ordinance No. 22 -__ entitled "An Ordinance of the City of Goleta, California, Adding Chapter 8.18 to Title 8 of the Goleta Municipal Code Entitled, Single -Use Foodware Accessories and Standard Condiments." B. Direct staff to file a Notice
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of Exemption for the proposed ordinance.
Ordinance Regulating Single -Use Foodware Accessories and Standard Condiments in Compliance with Assembly Bill 1276
Errata Sheet for Agenda Item D.2
Staff Speakers:
Peter Imhof, Planning and Environmental Review Director Stephanie Holmes, Civicspark Fellow provided a presentation to the City Council titled "Ordinance Regulating Single -Use Foodware Accessories and Standard Condiments in Compliance with Assembly Bill 1276," dated April 19, 2022 (presentation on file).
Public Speakers:
None
MOTION: Councilmember Richards/Mayor Pro Tempore Kasdin to A.
Introduce and conduct the first reading by title only, waiving further reading of Ordinance No. 22 -__ entitled "An Ordinance of the City of Goleta, California, Adding Chapter 8.18 to Title 8 of the Goleta Municipal Code Entitled, Single -Use Foodware
Accessories and Standard Condiments." B. Direct staff to file a Notice of Exemption for the proposed ordinance.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Councilmember Aceves announced a Stow Grove Park Master Plan Workshop will be held at La Patera School on April 23, 2022, at 9:00 A.M.
F. CITY MANAGER/STAFF REPORT
Michelle Greene, City Manager, spoke to t he Community State of the City Event; announced the Stow Grove Park Master Plan Workshop at La Patera School on April 23, 2022, at 9:00 AM - 11:00 AM as well as an Earth Day celebration at the city table at the Arlington Theater on April 26, 2022; a field trip conducted by the State Lands Commission regarding the 421 Pier Decommission with a State Lands Commission meeting that will follow at 1:00 P.M. in Council Chambers on April 26, 2022.
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G. CITY ATTORNEY REPORT
None
ADJOURNED AT 9:14 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK