Goleta City Council
May 17, 2022

CPMS
Agenda Item B.7

CONSENT CALENDAR
Meeting Date: May 17, 2022
TO: Mayor and Councilmembers
FROM: Megan Garibaldi, City Attorney
CONTACT: Megan Garibaldi, City Attorney
SUBJECT: City Manager’s Separation Agreement for Retirement Purposes RECOMMENDATION:

Approve City Manager Michelle Greene’s Separation Agreement with the City, setting forth her upcoming retirement and transition process.

BACKGROUND:

City Manager Michelle Greene has announced she will be retiring from the City of Goleta, after eighteen years of service with the City. Ms. Greene originally was set to retire effective June 30, 2022. However, as the recruitment process for the new City Manager is ongoing and will continue beyond June 30th, Ms. Greene has graciously agreed to stay on as the City Manager until September 1, 2022 . This additional time will allow for continuity of the organization as the recruitment and appointment process of the new City Manager continues.

The City Council and Ms. Greene desire to enter into an agreement setting forth the intended process and terms for Ms. Greene’s separation of employment from the City in the coming months, including as the City seeks to transition to a new City Manager.

DISCUSSION:

The attached Separation Agreement for Retirement purposes between the City and Ms.

Greene sets forth a number of terms relating to Ms. Greene’s upcoming retirement and separation from the City. Key terms in the agreement include the following:
 September 1, 2022 will be Ms. Greene’s last day to serve as City Manager (Section 2.1).
 Ms. Greene will work remotely and, at times, in-person in City Hall through the end of her tenure as City Manager (Section 2.1.1).
1 Meeting Date: May 17, 2022

 The City and Ms. Greene may mutually agree to extend her last da y as City Manager beyond September 1, 2022 through an additi onal amendment to this contract (Section 2.1.2).
 After serving her last day as City Manager, Ms. Greene may stay on as a City employee and use her accrued leave time (Section 2.2).
 Ms. Greene will be reasonably available to the City to answer questions and advise on pending matters while on accrued leave, and if such demands exceed a reasonable expectation of consultation while on leave, Ms. Greene may pause her leave and work in a part -time capacity for the City at her current hourly rate of ($128.79/hour) as set forth in her Employment Agreement; she shall resume her leave once such additional work is complete. (Sections 2.2.1, 2.2.2, and 2.2.3.)  An explanation of Ms. Greene’s compensation and benefits until the conclusion of her role as City Manager, during the period in which she remains on payroll but is not City Manager (for use of her accrued leave), and at her separation from the City, respectively (Sections 3.1, 3.2, 3.3, and 3.4).

If approved, this agreement will become operative upon signing and will govern the terms of Ms. Greene’s retirement and separation from the City.

FISCAL IMPACTS:

There are no fiscal impacts associated with the approval of the Separation Agreement as the compensation and benefits set forth therein were previously approved in Ms. Greene’s pre-existing Employment Agreement. If Ms. Greene engages in additional work during the period following her retirement from City Manager but while she is on leave, she will be compensated at her hourly rate ($128.79/hour) as set forth in her Employment Agreement, up to 270 hours at which point either party may conclude the additional work (during the time of any such work, Ms. Greene will not be using her accrued leave and will be serving as a part-time employee of the City).

ALTERNATIVES:

The City Council may forego approval of the Separation Agreement, in which case the terms of Ms. Greene’s retirement and separation from the City will be subject to the terms set forth in her current Employment Agreement.

Legal Review By: Approved By:

___________________ ___________________
Megan Garibaldi Michelle Greene
City Attorney City Manager

ATTACHMENTS:

1. Separation Agreement for Retirement Purposes Between Ms. Greene and the City of Goleta
2 Meeting Date: May 17, 2022

ATTACHMENT 1:

Separation Agreement for Retirement Purposes Between Ms. Greene and the City of Goleta

3 65266.00001\34894870.11

1 CITY MANAGER SEPARATION AGREEMENT
(For Retirement Purposes)

This Separation Agreement for Retirement Purposes ("Agreement") is entered into by and between Michelle Greene (“Ms. Greene”), on the one hand and, on the other hand, the City of Goleta, a municipal corporation (the “City”), as of May 17 , 2022. Ms. Greene and the City are each respectively referred to herein as a “Party,” and collectively as the “Parties.”

RECITALS
A. Ms. Greene is employed as the City Manager of the City pursuant to that certain Agreement for Employment of City Manager, dated October 21, 2014, by and between Ms. Greene and the City, and subsequently amended and restated by the Parties pursuant to that certain Fi rst Amended Agreement for Employment, dated January 19, 2016, with an effective date of October 21, 2014, and further amended by the Parties pursuant to the Second Amendment to the City Manager Employment Agreement, dated February 18, 2020 (collectively, the “Employment Agreement”).

B. In or about January 2022, Ms. Greene initially notified the City Council of her desire to retire and therefore separate from City service . On February 16, 2022, Ms. Greene submitted her official notice of retirement to the City Council. A true and correct copy of that notice is attached hereto as Exhibit “A.”
C. As Ms. Greene transitions to retirement, the City and Ms. Greene now wish to conclude Ms. Greene’s employment and the Employment Agreement, pursuant to the terms set forth herein. The Parties desire to herein enter into this Agreement to reflect the terms of Ms. Greene’s separation from the City.

NOW, THEREFORE, in consideration of the foregoing and of the promises and covenants herein contained, the City and Ms. Greene hereby agree as follows:
1 Effective Date. This Agreement shall become effective and irrevocable upon the date set forth in Section 4.4.7 ("Effective Date").
2 Conclusion of Employment.

2.1 Except as specified in Section 2.1.2, below, Ms. Greene and the City hereby agree that Ms. Greene will cease serving as City Manager effective September 1 , 2022 (“ City Manager Conclusion Date”).

2.1.1 In the time period prior to the City Manager Conclusion Date, the Parties agree that Ms. Greene shall be permitted to work exclusively remotely, as Ms. Greene deems is necessary; provided, however, that Ms. Greene shall work in -person at City Hall (1) for a multi - week period during April, whi ch shall include in -person attendance at City Council meetings and events; and (2) for a multi-week period again during the month of June, 2022, which shall include in- person attendance at City Council meetings and events. Ms. Greene may also work, at her discretion, in-person at City Hall at any other time prior to the City Manager Conclusion Date. All travel expenses incurred by Ms. Greene in her travel to and from City Hall, as set forth herein, shall be 4 65266.00001\34894870.11

2 exclusively at her own expense.

2.1.2 Notwithstanding any other provision of this Agreement to the contrary, at any point prior to the City Manager Conclusion Date, Ms. Greene and the City have the option to mutually extend the City Manager Conclusion Date beyond the date set forth in Section 2.1, if so desired by the Parties, subject to written amendment to this Agreement (the “Extension Option”). In the event the Extension Option is exercised by the Parties, the Transition Period and the Separation Date (as those terms are hereinafter defined) shall correspondingly be extended consistent with the time period set forth in the amendment to effectuate the Extension Option.

2.2 In lieu of a cash payout of Ms. Greene’s accrued leave as permitted by the terms of t he Employment Agreement, f or the period commencing immediately following the City Manager Conclusion Date until the date upon which Ms. Greene’s accrued management and/or vacation leave (“ Accrued Leave ”) is entirely exhausted (“ Transition Period ”), which s uch Transition Period shall be served sequentially and without interruption, the Parties hereby agree Ms.

Greene shall continue to serve as an employee of the City while in such Transition Period until the date upon which her Accrued Leave is entirely exha usted (“Separation Date”). In accordance with Sections 2.3 and 3.2, below, no additional leave that would otherwise be due under the Employment Agreement shall accrue nor any hours become Accrued Leave after the City Manager Conclusion Date, except that Accrued Leave shall include any sick leave that Ms. Greene chooses to convert to vacation leave, as permitted under the City’s Personnel Rules , at any point after the City Manager Conclusion Date . Thereafter, Ms. Greene and the City agree to irrevocably conclude their employment relationship effective upon the Separation Date.

2.2.1 During the Transition Period, Ms. Greene shall remain reasonably available to the City to answer questions and advise on pending matters on which she has previously worked (“Transition Availability”). A reasonable expectation of the Transition Availability shall be

7.5 hours per week.

2.2.2 To the extent the City’s demand for Transition Availability exceeds a reasonable expectation of Ms. Greene’s availability during the Transition Period, then in the discretion of the then -City Manager (including any Interim City Man ager) and to the extent Ms.

Greene desires to engage in additional work, Ms. Greene may perform additional consultation work for the City in excess of the consultation reasonably expected as part of the Transition Availability (“Excess Work”). Whenever Ms. Greene engages in Excess Work during the Transition Period, Ms.

Greene shall: (i) pause the use of Accrued Leave; (ii) account for her time worked as Excess Work on a bi-weekly basis; and (iii) submit a time sheet to the Director of Finance on a bi -weekly basis to account for the amount of Accrued Leave used and Excess Work performed for that bi -weekly time period; provided, however, that in all events Excess Work must be less than 22.5 hours in any given week. Any hours worked as Excess Work shall be paid at Ms. Greene’s hourly rate as set forth in her Employment Agreement ($128.79/hour) and shall be paid on a bi -weekly basis on the date of the City’s regular payroll dates for the immediately preceding time period for which a time card was submitted. At no time shall Ms. Greene be compensated for both Excess Work and Accrued Leave for the same hours. For example, assuming a 40 -hour work week, if Ms. Greene works 10 hours of Excess Work, she shall be compensated at her hourly rate for 10 hours of time for Ex cess Work and 30 hours of time for Accrued Leave; for the avoidance of doubt, Ms. Greene shall not be paid 10 5 65266.00001\34894870.11

3 hours of Excess Work and 40 hours of time for Accrued Leave. Further, in accordance with Section

2.2, no additional leave shall accrue nor any hours become Accrued Leave during the Transition Period, irrespective of whether such Excess Work is performed.

2.2.3 Notwithstanding any other provisions of this Agreement, if the total amount of hours worked as Excess Work exceeds 270 hours total, either Party may determine and cause to automatically terminate the Transition Period, by providing two weeks’ Notice in accordance with the requirements of Section 8 of this Agreement. In such event, the Separation Date shall be two weeks from the date the Notice is deemed given, or such other later date as specified in the Notice, and shall require a payout of all remaining Accrued Leave on such Separation Date.

2.3 It is agreed that the City and Ms. Greene have each taken all necessary steps to concluding Ms. Greene’s employment as City Manager. Except as to benefits already conferred under the Employment Agreement, including benefits that have already accrued and/or vested, the Parties agree that any and all contractual obligations set forth in the Employment Agreement relating to salary, compensation, and benefits shall continue to accrue until the City Manager Conclusion Date, as set forth in Section 3.1, below, except that the severance provision of the Employment Agreement is not being exercised, and is hereby superseded, by this Agreement; that such contractual obligations set forth in the Employment Agreement relating to salary shall continue to accrue until the Separation Date, as set forth in Section 3.2, below; and that the Employment Agreement is otherwise extinguished and superseded by the terms of this Agreement. . This Agreement shall survive the Separation Date.

2.4 On or before the Separation Date, Ms. Greene shall return to the City all City- issued property in her possession or control, including but not limited to computer equipment, credit cards, entry cards, keys, identification badges, and computer data. Return of all such City property is an express condition precedent to Ms. Greene’s eligibility to receive the payment in Section 3.3, below.
3 Compensation, Benefits, and Other Consideration.

3.1 At all times prior to the City Manager Conclusion Date, Ms. Greene shall continue to perform her work functions as required of the City Manager, and shall receive and accrue all compensation and benefits, as set forth in her Employment Agreement.

3.2 During the Transition Period, Ms. Greene shall continue to remain on the City payroll and shall receive her salary in accordance with the terms of her Employment Agreement while she takes her outstanding Accrued Leave until the Separation Date , but all other benefits which are due to Ms. Greene under her Employment Agreement ( e.g., City 457 contribution, auto allowance, phone allowance, and medical allowance) shall not be paid . Notwithstanding the foregoing, Ms.

Greene shall be enti tled to remain enrolled in the City’s medical, dental, and/or vision insurance programs during the Transition Period, for which she shall be responsible for payment through bi - weekly payroll deductions.

3.3 On the Separation Date, the City shall pay to Ms. Greene all unpaid wages earned up to the Separation Date, as well as the value of any leave balances required to be paid out at 6 65266.00001\34894870.11

4 separation pursuant to the Employment Agreement ; provided, however, that no Accrued Leave (to the extent such type of leave can be cashed out) shall be pai d out due to its exhaustion during the Transition Period, except to the extent (a) sick leave is converted to vacation leave in accordance with the City’s Personnel Rules and not otherwise used in the Transition Period, and/or (b) the Transition Period is terminated in accordance with Section 2.2.3 and any Accrued Leave remains on the Separation Date. All payments to be provided under this Agreement following the Separation Date shall be made payable to “Michelle Greene” and delivered by overnight mail to her, at the address set forth in Section 8 of the Agreement, with tracking information provided to her via email when the transmission is initiated. (Such address shall be redacted as confidential for purposes of disclosure of this Agreement as a public record.)

3.4 To the extent permitted by law and Ms. Greene is actively enrolled in the City’s medical, dental, and/or vision insurance programs prior to her Separation Date, City shall extend to Ms. Greene the right to access medical, dental, and vision insurance for up to eighteen (18) months, for each program for which she is respectively enrolled, commencing on the Separation Date for medical, dental, and vision insurance premiums, as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), at her own expense.

3.5 Ms. Greene waives any additional benefits that may be afforded city managers under the California Joint Powers Insurance Authority Memorandum of Liability Coverage related to her employment with the City of Goleta.

3.6 Other than as set forth in this Agreement, Ms. Greene shall be entitled to no further compensation or benefits of any kind or nature whatsoever from the City on or after the Separation Date related to her employment as City Manager. 4 Release of All Claims.

4.1 In consideration of the mutual promises and undertakings herein described, Ms. Greene, on behalf of herself and her heirs, successors, and assigns, hereby warrants and represents that she has not filed any complaint, grievance, claim or action of any kind with any state, federal or local agency, board, arbitrator or court , including all claims for attorneys’ fees, costs and expenses (“Claims”) against the City or any individual who is or has been a City officer, Councilmember, representative, agent, or employee (collectively, the “Released Parties”), and further hereby agrees to release, waive, acquit, and forever discharge to the maximum extent permitted by law any Claims against the Released Parties, including but not limited to Claims based on common law, t he state or federal Constitution, state or federal statutes, all contract and tort claims (such as wrongful termination, constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, defamation, libel, invasion o f privacy, and intentional or negligent infliction of emotional distress), and any state or federal policy, that Ms. Greene ever had or may have or assert, whether now known or unknown, occurring on or before the date of Ms. Greene’s execution of this Agreement. Collectively, all claims released under this Agreement are referred to as the “ Released Claims”; provided, however, that the Released Claims shall further not include (a) those arising from or relating to Ms. Greene’s retirement and health benefits accrued and/or vested throu gh her employment with the City, or (b) the City’s performance of any obligations under this Agreement . 7 65266.00001\34894870.11

5 The release contained in this Agreement is a complete and general release that will forever bar Ms.

Greene from pursuing the Released Claims against any Released Party.

4.2 Ms. Greene knowingly, voluntarily and expressly waives any and all rights and benefits conferred upon her by the provisions of Section 1542 of the California Civil Code (“Section 1542”), or by the statutes or common law of any jurisdiction which have substantially the same effect as the provisions of Section 1542, which reads:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY

HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Ms. Greene acknowledges that she has consulted with, or had the opportunity to consult with, an attorney concerning the waiver of any and all rights and benefits conferred by Section 1542, and that Ms. Greene intends to give Ms. Greene’s waiver of such rights and benefits the broadest possible scope and interpretation permitted under the law.
_____ Ms. Greene’s Initials

4.3 For the avoidance of doubt, this Agreement does not prevent Ms. Greene from responding as required by law to any court order, subpoena, or government investigation or providing other disclosures as required by law in any action again st the Released Parties; testifying under oath before a state or federal grand jury or in a court of law; or otherwise participating in any federal, state or local law enforcement or City investigation. Further, the Released Claims shall not include, nor be construed as a waiver of, Ms. Greene’s rights to a defense or indemnity by the City for the performance of her duties as a City employee, including without limitation as such rights are provided under Government Code sections 825 and 995.

4.4 The Released Claims includes any Claims that Ms. Greene may make under the Age Discrimination in Employment Act of 1967 (“ADEA”). The ADEA makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”), 29 USC. §§ 626, et. seq. further augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Ms. Greene acknowledges that she is knowingly and voluntarily, for just compensation in addition to anything of value to which Ms. Greene was already entitled, waiving and releasing a ny rights she may have under the ADEA and/or OWBPA. Ms.

Greene further acknowledges that she has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:

4.4.1 This waiver/release is written in a manner understood by Ms. Greene.

8 65266.00001\34894870.11

6 4.4.2 Ms. Greene is aware of and has been advised of her rights under the ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she currently may have under the ADEA, OWBPA, or similar age discrimination laws.

4.4.3 Ms. Greene is entitled to a reasonable time of at least twenty -one (21) days within which to review and consider this Agreement, and the waiver and release of any rights she may have under the ADEA, the OWBPA, or similar age discrimination laws, but she may, in the exercise of her own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days.

4.4.4 The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the date this Agreement takes effect.

4.4.5 Ms. Greene is hereby advised that she should consult with an attorney prior to executing this Agreement and acknowledges that she has had the opportunity to consult with an attorney prior to executing this Agreement.

4.4.6 Ms. Greene has seven (7) days following her execution of this Agreement to revoke the Agreement by submitting a written revocation addressed to and received by Megan Garibaldi, counsel for the City of Goleta, at [email protected].

4.4.7 This Agreement shall not be effective until the Effective Date, which is the day after the expiration of the seven (7) day revocation period set forth in the preceding paragraph or the day all parties have signed the Agreement, whichever day is later. 5 Third Party Inqui ries/Employment Verification . The Parties agree to direct employment verifications, third-party inquiries or other reference checks regarding Ms. Greene’s City employment to the City’s Assistant City Manager. Other than dates of employment, title, and salary, employment information about Ms. Greene (including, but not limited to this Agreement) will be released by City only (a) with Ms. Greene’s written consent, (b) to refute or defend a claim or allegation by or on behalf of Ms. Greene, or (c) as otherwise required by law. The City reserves the right to respond to official inquiries by employment-related or tax-related government agencies (e.g. the California Economic Development Department or Internal Revenue Service) regarding Ms.

Greene’s employment. However, other than providing accurate responses to request for information from EDD, City agrees it will not contest an application for unemployment insurance benefits by Ms.

Greene.
6 Non-Disparagement; Joint Press Release(s).

6.1 The Parties, including as to the City, its current elected officials, agree that they each will not make any written or verbal statements, to any party, that are disparaging about the other, that this Section 6.1 of the Agreement is a material provision of this Agreement, and that any breach of these provisions shall be a material breach, and that each Party would be irreparably harmed by violation of these provisions. Nothing herein is intended to nor shall prevent either party from complying with any valid civil or criminal subpoena, testifying under oath before a state or federal 9 65266.00001\34894870.11

7 grand jury or in a court of law, or participating in any federal, state or local law enforcement or City investigation. Further, nothing in this provision shall pre vent either party from referring to or re - publishing the official findings by state or federal court or public agency.

6.2 To the extent any further press release (s) relating to Ms. Greene’s retirement or this Agreement are deemed necessary by a Party, the P arties agree to issue such press releases jointly, subject to approval by each Party.
7 No Right to Re-Employment. Ms. Greene agrees and recognizes that the employment relationship with the City is being severed under the terms of this Agreement. Ms. Greene further agrees and recognizes that (a) City has no obligation to reinstate, rehire, re-employ, recall or hire Ms.

Greene as an employee or consultant in the future, and (b) City is entitled to reject without cause any application for employment or consulting services made by Ms. Greene. 8 Notice. Any notices or other communications to be given to either Party pursuant to this Agreement shall be in writing and delivered, each with a copy delivered by email, (a) personally, with noticed deemed given on the date of personal service; (b) by traceable overnight delivery service (e.g. FedEx or equivalent), with notice deemed given on the date of overnight delivery; or (c) by U.S.

Mail, postage prepaid, with notice deemed given three (3) business days after deposit with the U.S.

Mail service. Notice shall be addressed to the Party at the address set forth below.

CITY CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, California 93117
ATTENTION: City Clerk
Email: [email protected]

WITH A HARD COPY TO: City Attorney’s Office (same address) And email copy to: [email protected]

MICHELLE
GREENE

MICHELLE GREENE
[redacted for confidentiality]

9 Attorney’s Fees and Costs. The Parties acknowledge and agree that they each will be solely responsible for their own attorney’s fees and costs, if any, in reaching this Agreement. 10 Representations and Warranties. Ms. Greene acknowledges, agrees, represents, and warrants as follows: (a) that she has read this Agreement carefully, fully understands its terms, nature, and effect and is executing the Agreement freely, knowingly, and voluntarily and is willing, able, and competent to so sign; (b) that she suffered no unreported workplace injuries during her employment with the City ; and (c) t hat she is the sole and lawful owner of all right, title, and interest in and to every Claim, right and other matter which she releases herein, and that she has not otherwise heretofore assigned or tra nsferred, or purported to assign or transfer, to any person or entity, any Claims or other matters herein released.
10 65266.00001\34894870.11

8 11 Miscellaneous.

11.1 The Parties acknowledge and represent that in executing this Agreement, they do not rely upon and have not relied upon any representation or statement made by each other or any of their employees, agents or attorneys with regard to the subject matter of this Agreement, or its basis or effect, except as specifically set forth in this Agreement.

11.2 Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be wholly or partially illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts, terms or provisions of this Agreement will not be affected thereby. Such an illegal, unenforceable or invalid part, term or provision will be deemed not to be a part of this Agreement.

11.3 The interpretation of the provisions of this Agreement will be governed by the laws of California, and any legal action filed to interpret or enforce it shall be venued in Santa Barbara County Superior Court. This Agreement will be construed as though jointly prepared by the Parties.

Any uncertainty or ambiguity may not be interpreted for or against any one Party. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

11.4 This negotiated document sets forth the entire agreement between the Parties regarding resolution of the matters d escribed herein, and supersedes all prior agreements, representations, and understandings of the Parties , as set forth herein. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all Parties.

11.5 The Parties hereby state and represent that they each have read the foregoing Agreement in its entirety, and that they accept and agree to the provisions contained therein, and hereby execute it voluntarily, and with full understanding of the consequences.

11.6 This Agreement is intended to be and is enforceable pursuant California Code of Civil Procedure Section 664.6. The Parties further expressly waive application of Code of Civil Procedure section 425.16(c) in any action brought for the enforcement of the Agreement. The Parties stipulate and agree that a court may retain or obtain jurisdiction to enforce the terms of this Agreement and may, upon motion, enter judgment upon the terms of this written Agreement. This Agreement shall be admissible in evidence pursuant to Evidence Code Section 1123.

11.7 This Agreement may be executed in counterparts, each of which shall be deemed an original. Additionally, the Parties understand and agree that electronically transmitted signature shall be deemed an original signature for purposes of this Agreement.

{Remainder of page intentionally blank; signatures to follow}

11 65266.00001\34894870.11

9 IN WITNESS WHEREOF, the undersigned agree to all the terms and conditions of this Separation Agreement for Retirement Purposes as of the date first set forth above.

Dated: May __, 2022 Michelle Greene

_______________________________
Michelle Greene

Dated: May __, 2022 City of Goleta

________________________________
Paula Perotte, Mayor

ATTEST:

_______________________
Deborah Lopez, City Clerk

APPROVED AS TO FORM

BEST BEST & KRIEGER, LLP

Date____________________ ________________________________ MEGAN K. GARIBALDI
City Attorney

12 CITY COUNCIL

Paula Perotte
Mayor

Stuart Kasdin
Mayor Pro Tempore

Roger S. Aceves
Councilmember

James Kyriaco
Councilmember

Kyle Richards
Councilmember

CITY MANAGER
Michelle Greene

February 16, 2022

Mayor Paula Perotte
Goleta City Council

Dear Mayor Perotte and City Councilmembers:

It is with a mixture of immense gratitude and sadness that I hereby inform you of my intention to begin a transition to retirement and resign my position as City Manager, effective June 30, 2022. It has been an incredible honor and privilege to serve the City of Goleta and the Goleta community for nearly 18 years, particularly during the last 8 years in the role of City Manager.

I am extremely proud of what we have accomplished together during this time, as we worked on a number of high priority issues while facing unprecedented challenges. Some of those accomplishments include:
• Building an effective and innovative organization, including creating new departments, hiring stellar staff and cultivating a positive organizational culture that reflects the values of the Goleta community;
• Completing the new Zoning Ordinance process and adoption of Title 17 of the City’s Municipal Code;
• Creating a municipal library and taking on direct management of the Goleta, Solvang and Buellton Libraries;
• Effecting the purchase of the City Hall facility at 130 Cremona Drive; • Acquiring the parcel for a community park in Old Town Goleta and constructing Jonny D. Wallis Neighborhood Park;
• Obtaining $3.9 million in state funding for restoration of the monarch butterfly habitat on Ellwood Mesa;
• Acquiring the former Direct Relief parcel on S. La Patera Lane and obtaining $13 million in TIRCIP Grant fundin g for the Goleta Train Depot project;
• Creating a Public Engagement Commission to advise the City Council on issues related to transparent public participation and governance of the City;
13 • Establishing the LEAD Academy to help community members learn about City opera tions, and how they can effectively participate in local governance;
• Achieving a new level of professionalism and regional recognition with the City’s public engagement and communications efforts, including keeping the community highly informed d uring numerous emergency events, such as wildfires, closure of the 101 Highway due to an unprecedented debris flow event, heavy rains and flooding, and an oil spill that impacted the Goleta shoreline;
• Creating, adopting and implementing the City’s first H omelessness Strategic Plan;
• Constructing capacity and fish passage improvements in San Jose Creek and adopting a Creeks and Watershed Management Plan; • Establishing a robust Sustainability Program that reaches across several City departments and addresses climate change, recycling and reuse, efficient, clean and renewable energy in City facilities, streetlights, vehicles and in the community;
• Approval of critical fiscal improvements, such as the City’s Investment Policy, a Section 115 Trust for pension obli gations, the City’s first long -range financial forecast , and helping grow the General Fund’s unassigned fund balance to ensure increased budget stability;
• The City’s response to the global COVID -19 pandemic, including maintaining critical services at all times, successfully addressing unprecedented fiscal ramifications, and assisting the local economy with the creation of an Economic Recovery Plan.

I have taken pride in being your first woman City Manager, and in helping the City grow and become a well-respected agency in Santa Barbara County . It is with great sadness that I must now look to ending the successful partnership with the City Council, as a need to support family in Vermont requires that I relocate for an indefinite period of time. You have amazing City staff that it has been an honor to work alongside, so I know that I will leave you in very good hands when the time comes. They will continue to serve the City and community well with their dedication and professionalism. I wish you, City sta ff and the Goleta community all the best as you enter the next phase of the City’s evolution.

Sincerely,

Michelle A. Greene
City Manager

cc:

Kristy Schmidt, Assistant City Manager

14