4/4/2023 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, April 04, 2023
Closed Session - 4:30 P.M.
Regular Session - 5:30 PM
City Hall
130 Cremona Drive
Goleta, California
Members of the City Council
Mayor Paula Perotte
Mayor Pro Tempore Kyle Richards
Councilmember Stuart Kasdin
Councilmember Luz Reyes-Martín, District 1
Councilmember James Kyriaco, District 2
Robert Nisbet, City Manager
Deborah S. Lopez, City Clerk
Megan Garibaldi, City Attorney
4:30 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 4:30 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín
ABSENT: None
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None
RECESS TO CLOSED SESSION AT 4:32 P.M.
CLOSED SESSION
Megan Garibaldi, City Attorney, read into the record closed session matters by title only:
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CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
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
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte calle d the meeting to order at 5:34 p.m., followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín
ABSENT: None
REPORT FROM CLOSED SESSION
Megan Garibaldi, City Attorney, reported on closed session matters as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
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
Reportable Action:
None
PUBLIC FORUM
None
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
CITY MANAGER/STAFF REPORT
Robert Nisbet, City Manager, re ported the Goleta Community State of the City will take place on Monday, April 10, 2023 at the Elks Lodge from 5:00 p.m. - 7:00 p.m.; the Economic Development Strategic Plan Community Forum would take place on April 19, 2023 from 5:30 p.m. - 7:00 p.m. at G oleta City Hall or on Zoom; the Beautify Goleta event would take place April 22, 2023 at 10:00 a.m. Mr. Nisbet also reported that there will be a Special City Council Meeting April 5, 2023 at 5:00 p.m. which will cover the
4/4/2023 CITY COUNCIL MEETING MINUTES PAGE 3
Public Works Department, Planning Department and Finance Department Work Plans and noted that the Planning Department Work Plan contains a proposed item to look at tenant protections.
A. PRESENTATION
A.1 A Proclamation of the City Council of the City of Gole ta, California, Recognizing the Achievements of the Dos Pueblos High School Mock Trial Team
A Proclamation of the City Council of the City of Goleta, California, Recognizing the Achievements of the Dos Pueblos High School Mock Trial Team
Councilmember Kyriaco presented a Proclamation Recognizing the Achievements of the Dos Pueblos High School Mock Trial Team.
A.2 A Proclamation of the City Council of the City of Goleta, California, Recognizing the Achi evements of the Dos Pueblos High School Student News Team
A Proclamation of the City Council of the City of Goleta, California, Recognizing the Achievements of the Dos Pueblos High School Student News Team
Councilmember Kasdin presented a Proclamation recognizing the achievements of the Dos Pueblos High School Students News Team.
Dr. Susan Salcido, Santa Barbara County Superintendent of Schools and Bill Woodard, spoke to the accomplishments of the Dos Pueblos High School's Mock Trial Team and the Student News Team.
ITEM B.4 WAS PULLED FROM THE CONSENT CALENDAR
B. CONSENT CALENDAR
B.1 Approval of the City Council Meeting Minutes of March 21, 2023
Approve the City Council Meeting Minutes of March 21, 2023.
Approval of the City Council Meeting Minutes of March 21, 2023
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to approve the City Council Meeting Minutes of March 21, 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín. Noes: None.
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B.2 Second Reading of an Ordinance for Accessory Dwelling Unit Regulations and Finding the Ordinance to be Exempt under the California Environmental Quality Act
Conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 23 -__ entitled, "An Ordinance of the City Council of the City of Goleta, California Amending Title 17 of the Goleta Municipal Code to Update Procedures and Regulations for Accessory D welling Units Pursuant to Assembly Bill 2221 and Senate Bill 897 and Determining the Ordinance to be Exempt from the California Environmental Quality Act, Case No. 22-0005-ORD."
Second Reading of an Ordinance for Accessory Dwelling Unit Regulations and Finding the Ordinance to be Exempt under the California Environmental Quality Act
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 23-02 entitled, "An Ordinance of the City Council of the City of Goleta, California Amending Title 17 of the Goleta Municipal Code to Update Procedures and Regulations for Accessory Dwelling Units Pursuant to Assembly Bill 2221 and Senate Bill 897 and Determining the Ordinance to be Exempt from the California Environmental Quality Act, Case No. 22 -0005- ORD."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín: None
B.3 Amendment to Professional Services Agreement 2022 -077 with Geosyntec Consultants, Inc. for Watershed Technical Services
Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2022 -077 with Geosyntec Consultants, Inc. for Watershed Technical Services, increasing the contract authority by $231,501 for a total not -to-exceed amount of $276,500, extending the agreement expiration date to June 30, 2024, and updating the schedule of fees.
Amendment to Professional Services Agreement 2022 -077 with Geosyntec Consultants, Inc. for Watershed Technical Services
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to authorize the City Manager to execute Amendment No. 1 to
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Professional Services Agreement No. 2022 -077 with Geosyntec Consultants, Inc. for Watershed Technical Services, increasing the contract authority by $231,501 for a total not -to-exceed amount of $276,500, extending the agreement expiration date to June 30, 2024, and updating the schedule of fees.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín Noes: None.
B.5 Authorize Opting into Settlement Agreements with the following Defendants who have entered into National Opioid settlements: Teva; Allergan; Walmart; Walgreens; and CVS; and Authorize the City Manager to Enter any Such Similar Future Settlement Agreements
A. Opt into settlement agreement with three pharmacy chains -CVS, Walgreens, and Walmart and direct the City Manager to execute any documents necessary to implement the action and, when possible, allocate the City's designated share of settlement funds to the Cou nty of Santa Barbara; B. Opt into settlement agreement with two opioid manufacturers -Allergan and Teva and direct the City Manager to execute any documents necessary to implement the action and, when possible allocate the City's designated share of settle ment funds to the County of Santa Barbara; and C. Authorize the City Manager to enter into any future opioid settlement agreements and allocate the City's designated share of settlement funds to the County of Santa Barbara.
Authorize Opting into Settlement Agreements with the following Defendants who have e ntered into National Opioid settlements: Teva; Allergan; Walmart; Walgreens; and CVS; and Authorize the City Manager to Enter any Such Similar Future Settlement Agreements
MOTION: Councilmember Kyriaco/Mayor Pro Tem pore Richards to A. Opt into settlement agreement with three pharmacy chains -CVS, Walgreens, and Walmart and direct the City Manager to execute any documents necessary to implement the action and, when possible, allocate the City's designated share of sett lement funds to the County of Santa Barbara; B. Opt into settlement agreement with two opioid manufacturers -Allergan and Teva and direct the City Manager to execute any documents necessary to implement the action and, when possible allocate the City's desi gnated share of settlement funds to the County of Santa Barbara; and C.
Authorize the City Manager to enter into any future opioid settlement agreements and allocate the City's designated share of settlement funds to the County of Santa Barbara.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin,
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Kyriaco, and Reyes-Martín Noes: None.
B.6 Agreement for Professional Services with Colantuono, Highsmith & Whatley, PC
A. Authorize the City Manager to execute a Professional Legal Services Agreement between the City of Goleta and Colantuono, Highsmith & Whatley, PC for professional litigation services; and B. Ratify payment in total of $107,283.88 made to Colantuono, Hig hsmith & Whatley, PC for legal services under its retainer agreement dated November 5, 2021.
Agreement for Professional Services with Colantuono, Highsmith & Whatley, PC
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to A. Authorize the City Manager to execute a Professional Legal Services Agreement between the City of Goleta and Colantuono, Highsmith & Whatley, PC for profession al litigation services; and B. Ratify payment in total of $107,283.88 made to Colantuono, Highsmith & Whatley, PC for legal services under its retainer agreement dated November 5, 2021.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín Noes: None.
B.7 Adoption of the 2023 City of Goleta Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan
A. Adopt Resolution No. 23-18 entitled, "A Resolution of the City Council of the City of Goleta, California, Adopting the 2023 City of Goleta Annex to the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan"; and B. Direct staff to initiate a General Plan Amendment to incorporate the updated Local Hazard Mitigation Plan into the Safety Element.
Adoption of the 2023 City of Goleta Annex to the Santa Barbara County Multi- Jurisdictional Hazard Mitigation Plan
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to A. Adopt Resolution No. 23 -18 entitled, "A Resolution of the City Council of the City of Goleta, California, Adopting the 2023 City of Goleta Annex to the Santa Barbara County Multi -Jurisdictional Hazard Mitigation Plan"; and B. Direct staff to initiate a General Plan Amendment to incorporate the updated Local Hazard
Mitigation Plan into the Safety Element.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor
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Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín Noes: None
ITEM B.4 WAS PULLED FROM THE CONSENT CALENDAR
B.4 Hollister Avenue Old Town Interim Striping Project Final Design
A. Approve the final design for the Hollister Avenue Old Town Interim Striping Project (CIP No. 9114) B. Authorize staff to proceed with the preparation of the Construction Documents and to advertise a notice inviting bids for the Hollister Avenue Old Town Interim Striping Project.
Hollister Avenue Old Town Interim Striping Project Final Design
Staff Speakers:
Charles W. Ebeling, Public Works Director
Derek Rapp, Contract Traffic Engineer
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to A. Approve the final design for the Hollister Avenue Old Town Interim Striping Project (CIP No. 9114) B. Authorize staff to proceed with the preparation of the Construction Documents and to advertise a notice inviting bids for the Hollister Avenue Old Town Interim Striping Project.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín Noes: None
C. PUBLIC HEARING
C.1 Appeals of the Public Tree Advisory Commission Actions to Deny the Removal of Street Tree s Located at 6227 Westmoreland Place, 6226 Westmoreland Place, 6163 Braeburn Drive, and 6597 Camino Venturoso
Concur with the Public Tree Advisory Commission's actions and deny the street tree removal requests at the following locations: 1. Lemon bott lebrush tree (Callistemon citrinus) at 6227 Westmoreland Place 2. Lemon bottlebrush tree (Callistemon citrinus) at 6226 Westmoreland Place 3. Lemon bottlebrush tree (Callistemon citrinus) at 6163 Braeburn Drive 4. Paperbark tree (Melaleuca quinquenervia) at 6597 Camino Venturoso
Appeals of the Public Tree Advisory Commission Actions to Deny the Removal of Street Trees Located at 6227 Westmoreland Place, 6226 Westmoreland Place, 6163 Braeburn Drive, and 6597 Camino Venturoso
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Staff Speakers:
George Thompson, Parks and Open Space Manager, provided a presentation, "Four Street Tree Removal Requests (Appeal of PTAC Decision to Keep City Trees)" dated April 4, 2023 (presentation on file).
Charles W. Ebeling, Public Works Director
Paul Medel, Public Works Manager
Greg Ainsworth, Contract City Arborist
Megan Garibaldi, City Attorney
Ex-Parte Communications:
Mayor Perotte reported site visits to each location and no ex -parte communication.
Councilmember Kyriaco reported no site visits and no ex-parte communication.
Councilmember Reyes-Martin reported site visits to each location and no ex-parte communication.
Mayor Pro Tempore Richards reported site visits to each location and no ex -parte communication.
Councilmember Kyriaco reported no site visits and no ex-parte communication.
OPENED THE PUBLIC HEARING AT 7:05 P.M.
Dale Gehr, Appellant, ( Paper Bark Tree Located at 6597 Camino Venturoso) provided background on his appeal and spoke in opposition of the Public Tree Advisory Commission to deny the street tree removal.
Joel Patrick, Appellant, (Lemon Bottle Br ush Tree located at 6226 Westmoreland Place) provided background on his appeal and spoke in opposition of the Public Tree Advisory Commission to deny the street tree removal.
Jerry Dahlke, Appellant, (Lemon Bottle Brush Tree located at 6227 Westmoreland Place) spoke in opposition of the Public Tree Advisory Commission to deny the street tree removal.
Jessica Altstatt, Chair of the Public Tree Advisory Commission, spoke to the Process for Street Tree Ap peals and suggested revisions to the Urban Forest Management Plan and the Street Tree Planting List. Ms. Altstatt noted the Public Tree Advisory Commission is bound to follow the policies laid out in the Urban Forest Management Plan and in the plan there is an approved street tree planning list. Ms. Altstatt requested that when a revision takes place, she would like to revisit the street tree list.
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Allyson Edwards noted that in all the years that she has lived at 6226 Westmoreland Place, she has not seen t he tree get trimmed and believes that is why they are so unhealthy now. Ms. Edwards acknowledged Council for coming by the houses to view the trees. Joel Patrick also noted that the height of the trees will not make a difference, the bees are aggressive.
Jerry Dahlke noted that he has seen the trees being trimmed every other year, just the bottom of the trees, nothing inside and he believes this is why the trees are in bad shape, Appellant, (6227 Westmoreland Place) provided rebuttal arguments.
Dale Gehr, Appellant, (6597 Camino Venturoso) reiterated that the Urban Forest Management Plan addresses his concerns under Section 1 paragraph B and he provided this information to staff.
Public Speaker:
Kenneth Knight made suggestions to the staff recommendation.
CLOSED THE PUBLIC HEARING AT 8:06 P.M.
MOTION: Mayor Pro Tempore Richards/Councilmember Kasdin to concur with the Public Tree Advisory Commission’s actions and deny the street tree removal request at the following location: Lemon bottlebrush tree (Callistemon citrinus) at 6227 Westmoreland Place.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards and Councilmem ber
Kasdin. Noes: Councilmember Kyriaco and Reyes-Martín.
MOTION: Mayor Perotte/Mayor Pro Tempore Richards to concur with the Public Tree Advisory Commission’s actions and deny the street tree removal request at the following location: Lemon bottlebrush tree (Callistemon citrinus) at 6226 Westmoreland Place.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards and Councilmember
Kasdin. Noes: Councilmember Kyriaco and Reyes-Martín.
MOTION: Councilmember Kasdin/Mayor Pro Tempore Richards to concur with the Public Tree Advisory Commission’s actions and deny the street tree removal request at the following location: Lemon bottlebrush tree (Callistemon citrinus) at 6163 Braeburn Drive.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards and Councilmembers
Kasdin and Kyriaco. Noes: Councilmember Reyes-Martín.
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MOTION: Councilmember Kasdin/Mayor Perotte to concur with the Public Tree Advisory Commiss ion’s actions and deny the street tree removal request at the following location: Paperbark tree (Melaleuca quinquenervia) at 6597 Camino Venturoso.
VOTE
FAILED:
Motion failed by the following roll call vote: Ayes: Mayor Perotte, and Councilmember Kasdin. Noes: Mayor Pro Tempore Richards and Councilmembers Kyriaco and Reyes-Martín.
MOTION: Mayor Pro Tempore Richards/Councilmember Kyriaco to overturn the Public Tree Advisory Commission's actions and approve the street tree removal request at the following location: Paperbark tree (Melaleuca quinquenervia) at 6597 Camino Venturoso.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards and Coun cilmembers Kyriaco and Reyes - Martín. Noes: Mayor Perotte and Councilmember Kasdin.
RECESS 8:13 P.M. - 8:27 P.M.
D. DISCUSSION/ACTION ITEM
D.1 Legislative Advocacy
Discuss and provide feedback to staff on the City's legislative adv ocacy priorities for the 2023 calendar year to discuss with the City's state legislative delegation at the 2023 City Leaders Summit.
Legislative Advocacy
Staff Speakers:
Ryan Kintz, Assistant to the City Manager
Shannon Kirn, Management Analyst
Silvia Shaw, Shaw, Yoder, Antwih, Schmelzer and Lange
The City Council provided direction to staff.
E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Councilmembers Reyes -Martin and Kyriaco reported on the Economic Development and Revitalization Standing Committee Meeting on March 24, 2023.
F. CITY ATTORNEY REPORT
None
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ADJOURNED AT 9:00 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK