5/17/2022 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, May 17, 2022
Closed Session 3:00 P.M.
Closed Session 4:15 P.M.
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
3:00 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 3:00 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempo re 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 the record closed session items by title only:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case.
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957 (b)(1)
Title: City Manager
RECESS TO CLOSED SESSION AT 3:05 P.M.
4:15 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 4:45 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
CLOSED SESSION
Megan Garibaldi, City Attorney, read into the record closed session items 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 AT 4:46 P.M.
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to orde r at 5:34 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
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ABSENT: None
REPORT FROM CLOSED SESSION
Megan Garibaldi, City Attorney, reported on closed session items as follows:
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – MAY 17, 2022 SPECIAL CITY COUNCIL AGENDA
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case.
Action: No Reportable Action
PUBLIC EMPLOYEE APPOINTMENT – MAY 17, 2022 SPECIAL CITY COUNCIL AGENDA
Pursuant to Government Code Section 54957 (b)(1)
Title: City Manager
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 two potential cases.
Action: No Reportable Action
PUBLIC FORUM
None
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
Mayor Perotte expressed her appreciation to the County of Santa Barbara Fire Department for their efforts in fighting recent fires.
A. PRESENTATION
A.1 Proclamation of the City Council of the City of Goleta, California, Proclaiming May 2022 as Asian American, Native Hawaiian and Pacific Islander Heritage Month
Proclamation of the City Council of the City of Goleta, California, Proc laiming May 2022 as Asian American, Native Hawaiian and Pacific Islander Heritage Month
Mayor Perotte provided a Proclamation of the City Council of the City of Goleta, California, Proclaiming May 2022 as Asian American, Native Hawaiian and Pacific
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Islander Heritage Month to Michael Cheng, President Asian American Association of Santa Barbara.
Michael Cheng, Karena Jew, Member of the Asian American, Pacific Islander Solidarity Network, and Michael Kwan expressed their appreciation for the presentation of the Proclamation.
A.2 Proclamation of the City Council of the City of Goleta, California, Declaring May 15-21, 2022, as Public Works Week in Goleta
Proclamation of the City Council of the City of Goleta, California, Declaring May 15-21, 2022, as Public Works Week in Goleta
Mayor Perotte provided a Proclamation to Charle s W. Ebeling, Public Works Director, Declaring May 15-21, 2022, as Public Works Week in Goleta.
A.3 Recognition of CERT Business Ambassadors During the COVID -19 Pandemic
Receive a report on the achievements made by the CERT Business Ambassadors during the first year of the COVID-19 pandemic.
Recognition of CERT Business Ambassadors During the COVID-19 Pandemic
Staff Speaker:
Michael Bar is, Emergency Services Coordinator, provided a video presentation which highlighted the efforts of the CERT Business Ambassadors.
Mayor Perotte provided Certificates of Recognition to the CERT Business Ambassadors for their service during the COVID -19 pan demic: Jeff Woolever, Cecilia Herrera, Viridiana Victoria, Peter Omoregie, Zubir Putih , Stephan Brissaud, Ian Fiedler, Justin Haagen and Kym Cochran.
A.4 BEACON Presentation
Receive a presentation from the Beach Erosion Authority for Clean Oceans and Nourishment (BEACON).
BEACON Presentation
Staff Speaker:
Shannon Kim, Management Analyst
Marc Beyeler, Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) Executive Director, provided a presentation titled, "BEACON," dated May 17, 2022 (presentation on file).
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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; and (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.
Findings to Hold Remote Teleconference Meetings, Pursuant to Assembly Bill 361
MOTION: Mayor Pro Tempore Kasdin/Councilmember Kyriaco 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; 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 Acceptance of the March 2022 Investment Transaction Report
Accept the investment transaction report for the month of March 2022.
Acceptance of the March 2022 Investment Transaction Report
MOTION: Mayor Pro Tempore Kasdin/Councilmember Kyriaco to accept the investment transaction report 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.3 Term Extension to Goleta Valley Community Center Management and Lease Extension
Approve and authorize the City Manager to execute Amendment Number 3 to the Interim Management and Lease Agreement with the Goleta Valley Community Center extending the term through December 31, 2022.
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Term Extension to Goleta Valley Community Center Management and Lease
MOTION: Mayor Pro Tempore Kasdin/Co uncilmember Kyriaco to approve and authorize the City Manager to execute Amendment Number 3 to the Interim Management and Lease Agreement with the Goleta Valley Community Center extending the term through December 31, 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 Title 17 (Zoning) Ordinance Amendments - 2nd Reading (Case No. 22-0001- ORD)
Conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 22 -__, entitled "An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code."
Title 17 (Zoning) Ordinance Amendments Second Reading (Case No. 22 -0001- ORD)
MOTION: Mayor Pro Tempore Kasdin/Councilmember Kyriaco to conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 22 -06, entitled "An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 of the Goleta Municipal Code."
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 Second Reading of Ordinance Regulating Single -Use Foodware Accessories and Standard Condiments in Compliance with Assembly Bill 1276
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 8.18 to Title 8 of the Goleta Municipal Code Entitled Single-Use Foodware Accessories and Standard Condiments."
Second Reading of Ordinance Regulating Single -Use Foodware Accessories and Standard Condiments in Compliance with Assembly Bill 1276
MOTION: Mayor Pro Tempore Kasdin/Councilmember Kyriaco to conduct
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the second reading by title only and waive further reading and adopt Ordinance No. 22 -07 entitled "An Ordinance of the City Council of the City of Goleta, Californ ia Adding Chapter 8.18 to Title 8 of the Goleta Municipal Code Entitled Single -Use Foodware Accessories and Standard Condiments."
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 Notice of Completion of Fairview Avenue Sidewalk Infill Project (Project No. 9070)
A. Adopt Resolution No. 22-___ entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for Fairview Avenue Sidewalk Infill Project;" and B. Direct the City Clerk to file a Notice of Completion with County Recorder's Office.
Notice of Completion of Fairview Avenue Sidewalk Infill Project (Project No. 9070)
MOTION: Mayor Pro Tempore Kasdin/Councilmember Kyriaco to A. Adopt Resolution No. 22-17 entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for Fairview Avenue Sidewalk Infill Project; " and B. Direct the City Clerk to file a Notice of Completion with County Recorder'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 City Manager's Separation Agreement for Retirement Purposes
Approve City Manager Michelle Greene's Separation Agreement with the City, setting forth her upcoming retirement and transition process
City Manager's Separation Agreement for Retirement Purposes
Staff Speaker:
Megan Garibaldi, City Attorney, reported on Item B.7, City Manager's Separation Agreement for Retirement Purposes, noting the item covers Michelle Greene's separation agreement and does not change compensation for Ms. Greene.
MOTION: Mayor Pro Tempore Kasdin/Councilmember Kyriaco to approve City Manager Michelle Greene's Separation Agreement with the City, setting forth her upcoming retirement and transition process VOTE: Motion approved by the following roll call vote: Ayes: Mayor
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Perotte, May or Pro tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards Noes: None.
C. PUBLIC HEARING
C.1 Proposition 218: Protest Hearing for Proposed Solid Waste Rate Increase
A. Conduct a public hearing to accept both written and verbal protests against the increased solid waste fees and proposed future CPI and disposal fee increase notification process, track the number of protests and, if the number of written protests received is not sufficient to constitute a majority (defined as 50 percent of affected customers plus one), make a finding that there is not a majority protest by property owners within the assessment area. B. Approve Resolution No. 22 -__ entitled "A Resolution of the City Council of the City of Goleta, California, Increasing Solid Waste Maximum Rates."
Public Comment Received
Proposition 218 Protest Hearing for Proposed Solid Waste Rate Increase
Staff Speakers:
Melissa Nelson, Environmental Services Coordinator
Kimberly Nilsson, Solid Waste Solutions, Inc.
Deborah S. Lopez, City Clerk
OPENED PUBLIC HEARING AT 6:52 P.M.
Speakers:
None
All public comment received posted online: Cindy Vercota, Michael Cheng and Linda Cheng.
CLOSED PUBLIC HEARING AT 6:56 P.M.
MOTION: Councilmembers Aceves/ Kyriaco to A. Conduct a public hearing to accept both written and verbal protests against the increased solid waste fees and proposed future CPI and disposal fee increase notification process, track the number of protests and, if the number of written protests receiv ed is not sufficient to constitute a majority (defined as 50 percent of affected customers plus one), make a finding that there is not a majority protest by property owners within the assessment area. B. Approve Resolution No. 22-18 entitled "A Resolution of the City Council of the City of Goleta, California, Increasing Solid Waste Maximum
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Rates."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards Noes: None.
RECESS 6:57 P.M. - 7:07 P.M.
C.2 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
Adopt Resolution No. 22 -___, entitled "A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of An Applicant -Requested General Plan Amendment for an unaddressed parcel on Viajero known as APN 079-210-053; Case No. 21-0003-GPA"
Public Comment Received
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:
Peter Imhof, Planning and Environmental Review Director Lisa Prasse, Supervising Senior Planner
Travis Lee, Associate Planner, provided a presentation to the City Council titled "Consideration of Initiation of a General Plan Amendment for an unaddressed parcel on Viajero known as 079 -210-053; Case No. 21-0003-GPA" dated May 17, 2022 (presentation on file).
OPENED PUBLIC HEARING AT 7:49 P.M.
Public Speakers:
Don Nose noted that he is all for battery storage, but in this case, raised concerns for the close proximity of the battery storage facility to the school.
Tim Murphy, Consultant/Applicant Environmental Resource Mana gement, on behalf of GenOn, provided a presentation titled, "Future Battery Energy Storage" dated May 17, 2022, (presentation on file).
Katie Davis, Sierra Club Santa Barbara and Ventura Chapter Chair, California Sierra Club Climate and Energy Committee and Central Coast Community Energy Advisory Council, spoke in support of staff recommendation.
Ben Schwartz, Policy Manager Clean Coalition, spoke in support of staff recommendation.
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David Zimmerman raised concerns on the selection of the parcel, sugges ted that all three adjoining parcels should be reviewed and their zoning area. Mr.
Zimmerman noted other locations on Hollister Avenue for the potential project rather than a residential or school area and suggested looking at locations near the Airport.
Mark Albertson spoke in opposition of the staff recommendation.
All public comment received posted online: Tim Morphy, Stephen Penner, Haythan and Heather Abed, John Lamoutte, Marian Klein, Steve Ferrara, Barbara White, Cosmo Perrone, Dennis Van Epps, John Morgan, Mark Albertson, Kenneth Pearlman, Melissa Moreno, Robert Miller, Lori Zimmerman, Barbara Tigert, Katie Davis, Donald Nose, David Zimmerman, Ben Schwartz, Susan Eng -DenBaars, Michael Chiacos, and Julie and Steve Solomon.
CLOSED PUBLIC HEARING AT 8:51 P.M.
MOTION: Mayor Pro Tempore Kasdin/Councilmember Richards to adopt Resolution No. 22-19, entitled "A Resolution of the City Council of the City of Goleta, California, Initiating the Processing of An Applicant-Requested General Plan Amendment for an
unaddressed parcel on Viajero known as APN 079 -210-053; Case No. 21-0003-GPA."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro tempore Kasdin, Councilmembers Kyriaco, and Richards Noes:
Mayor Perotte and Councilmember Aceves.
RECESS 8:56 P.M. - 9:05 P.M.
D. DISCUSSION/ACTION ITEM
D.1 Fiscal Year 2021/22 Third Quarter Financial Review
A. 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." B. Adopt Resoluti on No. 22-_entitled, "A Resolution of the City Council of the City of Goleta, California, establishing a Hiring Incentive Policy. "C. Authorize the City Manager to apply the Hiring Incentive Policy to the following classifications for a period not to ex ceed one year: Assistant Public Works Director, Principal Civil Engineer, Senior Engineer, Associate Engineer.
Fiscal Year 2021-22 Third Quarter Financial Review
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Staff Speaker:
Luke Rioux, Finance Director, provided a presentation to the City Council titled, "FY 2021/22 Third Quarter Financial Review," dated May 17, 2022 (presentation on file).
Michelle Greene, City Manager
MOTION: Councilmembers Aceves/Kyriaco to A. Adopt Reso lution No. 22 - 20 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 ." B. Adopt Resolution No.22 -21 entitled, "A Resolution of the City Council of the City of Goleta, California, establishing a Hiring Incentive Policy." C. Authorize the City Manager to apply the Hiring Incentive Policy to the following classifications for a period not to exceed one year: Assistant Public Works Director, Principal Civil Engineer, Senior Engineer, Associate Engineer.
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 Consideration of An Ordinance Related To Electronic Filing And Administration Of Fair Po litical Practices Commission (FPPC) Campaign Disclosure Statements And Statement Of Economic Interests Forms
Introduce by title only and conduct the first reading of Ordinance No. 22 -__, entitled, "An Ordinance of the City Council of the City of Goleta, California adding Chapter 2.16 (Electronic Filing) to Title 2 (Administration and Personnel) of the Goleta Municipal Code relating to electronic filing of campaign statements and statements of economic interests."
Consideration of an Ordinance Related to Electronic Filing and Administration of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements
Staff Speaker:
Deborah S. Lopez, City Clerk
Councilmember Richards left the meeting at 9:30 P.M.
MOTION: Councilmembers Aceves/Kyriaco to introduce by title only and
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conduct the first reading of Ordinance No. 22 -__, entitled, "An Ordinance of the City Council of the City of Goleta, California adding Chapter 2.16 (Electronic Filing) to Title 2 (Administration and Personnel) of the Goleta Municipal Code relating to electronic filing of campaign statements and statements of economic interests."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, and Kyriaco. Noes: None. Absent: Councilmember Richards.
E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Councilmember Aceves reported attendi ng the League of California Cities City Leaders Summit from May 11 -13, 2022 in Sacramento. Councilmember Aceves pointed out the need to communicate with our legislators on unfunded state mandates as they have discretion for funding within our district and suggest sending our legislative staff to the event next year.
Mayor Perotte reported on the Broadband Community Forum held at City Hall on May 16, 2022.
F. CITY MANAGER/STAFF REPORT
Michelle Greene, City Manager, announ ced the Second Beautify Goleta Community Clean Up Event would be held on May 21, 2022 from 9:00 a.m. - 11:00 a.m., additional information can be found on the City webpage, including information on the Adopt -A-Park Program. Ms. Greene also announced that a Emergency and Wildfire Preparedness virtual town hall meeting would be held on May 18, 2022 5:30 p.m. - 6:30 p.m. hosted by Senator Monique Limon and Assemblymember Steve Bennett with a presentation by Ricardo Lara, Insurance Commissioner.
G. CITY ATTORNEY REPORT
None
ADJOURNED AT 9:40 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK