Agenda Item C.1
CPMS DISCUSSION/ACTION ITEM
Meeting Date: May 2, 2023
TO: Mayor and Councilmembers
FROM: Deborah S. Lopez, City Clerk
SUBJECT: Amendment to Chapter 2.17 of the Goleta Municipal Code regarding membership composition of the Historic Preservation Commission and Determination that the ordinance is exempt from the California Environmental Quality Act
RECOMMENDATION:
A. Option A: Introduce and conduct the first rea ding (by title only and waive further reading) of City Council Ordinance No. 23 -__ entitled “ An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the number of Historic Preservation Commission members and finding the Ordinance to be exempt from the California Environmental Quality Act” or:
B. Option B: Introduce and conduct the first reading (by title only and waive further reading) of City Council Ordinance No. 23 -__ entitled “ An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the Residency Requirements for the Historic Preservation Commission and finding the Ordinance to be exempt from the California Environmental Quality Act.” BACKGROUND/DISCUSSION:
On April 19, 2022, the City Council adopted Ordinance 22-10. This ordinance created the Historic Preservation Commission (HPC), codified as Chapter 2.17 of the Goleta Municipal Code, and adopted regulations regard Historic Resources and Archaeological and Tribal Cultural Resources, codified as Chapters 17.33 and 17.43 respectively of the Goleta Municipal Code. Chapter 2.17 of the Goleta Municipal Code outlines among other topics, the purpose, number of members, qualification of membe rs, commission responsibilities, and organization of the HPC.
Further, Section 2.17.050 (A) requires that the HPC “be composed of professional and lay members with demonstrated interest, competence, or knowledge in historic preservation. Historic Preservation Commission members may be appointed from among the disciplines of architecture, history, architectural history, planning, archaeology, or other related disciplines, such as American studies, landscape architecture, cultural geography, or cultural anthropology, to the extent that such professionals are available in the community. Historic Preservation Commission membership may also include lay 1 Meeting Date: May 2, 2023
members who have demonstrated special interest/expertise, competence, experience, or knowledge of Goleta history and historic preservation, and/or are members of local Chumash tribal group(s).” Section 2.17.050 (B) requires that a majority of the HPC be City of Goleta residents.
In September of 2022, the City recruited for HPC members and received many applications from very qualified community members whose personal or professional interests and expertise included architecture, historian, archaeological, architectural historian, local Chumash heritage etc. The City Council members were very impressed with the cand idates and in December 2022 appointed five community members that represented the diversity of expertise and professional knowledge as stated in Chapter
2.17. However, when the City Council selected the HPC members, the residency status of the applicants was overlooked. As a result, the composition of the HPC currently only has two residents, instead of three, which is not in keeping with Section 2.17.050 (B).
While it is generally an important policy consideration to have a resident majority requirement on City Boards, Commissions, and Committees, relative to the HPC it may create issues given the specific membership qualifications cited above, especially when limited to five member s. Further, there are likely many local professionals/non - professionals active in Goleta whose knowledge, expertise, interests, or life experiences would be beneficial , but who do not reside within the City’s boundaries. In addition, members of the various Chumash Nations, for whom Goleta is their ancestral homeland, may not reside in Goleta proper. Staff has identified two options to address the issue as shared below.
Option A
The first option is to increase the membership number from five to seven members. This would allow the appointment of two new members who are residents of Goleta. With the appointment of two more residents in addition to the two existing members who are Goleta residents, the Commission composition would meet existing Goleta Municipal Code section 2.17.050(B) that requires a majority of the membership to be City residents.
Proposed Option A change is as follows:
2.17.030 Members. The Historic Preservation Commission shall consist of seven members.
Option B
The second option is to retain the current membership of the Commission at five members and allow Council more flexibility in the number of City residents, requiring only two or more residents, rather than three or more . This option would change the word “shall” to “may” in Section 2.17.050 (B). An additional sentence would be added to make it clear that there must be at least two Goleta residents appointed to the HPC . This option provides the flexibility that the Council may want when considering appointments to the HPC over time. This option would allow the Council to decide when making appointments 2 Meeting Date: May 2, 2023
which criteria – residency or professional/lay historic knowledge- is more relevant and/or needed at that time.
The proposed Option B change for consideration is as follows:
2.17.050 (B) Qualification of Members.
A majority of the members may be residents of the City during incumbency. There shall be a minimum of two residents on the Historic Preservation Commission.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Pursuant to CEQA Gui delines Sections 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not qualify as a "project" for the purposes of CEQA because the Ordinance does not result in direct or indirect physical changes in the environment. The amendment proposed does not have the potential to cause a significant effect on the environment as the membership composition of the Historic Preservation Commission will not lead to development. As such, the proposed Ordinance is exempt from CEQA review.
The draft Notice of Exemption is provided as Attachment 4 and if adopted would be filed with the Santa Barbara County Clerk of the Board following second reading of the Ordinance.
FISCAL IMPACTS:
Option A proposal would increase the costs associated with the Historic Preservation Commission by $100 per meeting . This is approximately $1 ,200 per year. An additional appropriation of $1,200 would be needed for 101-40-4400- 4005. Option B proposal would not have a fiscal impact.
ALTERNATIVES:
The alternative to enacting either language change would be to not make the change and the majority residency requirement would remain. This would result in the need to replace one of the current non-resident members with a resident.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
3 Meeting Date: May 2, 2023
ATTACHMENTS:
1. An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the number of Historic Preservation Commission members and finding the amendment to be exempt from the California Environmental Quality Act. (Option A)
2. An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the Residency Requirements for the Historic Preservation Commission and finding the amendment to be exempt from the California Environmental Quality Act. (Option B)
3. Redline Version of Chapter 2.17 of the Goleta Municipal Code
4. Notice of Exemption
4 ATTACHMENT 1 COVER SHEET
OPTION A
An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the number of Historic Preservation Commission members and find the amendment to be exempt from the California Environmental Quality Act.
5 Attachment 1
Option A
ORDINANCE NO. 23-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, AMENDING CHAPTER 2.17
REGARDING THE NUMBER OF HISTORIC PRESERVATION
COMMISSION MEMBER S AND FINDING THE ORDINANCE TO
BE EXEMPT FROM THE CALIFORNIA ENVIRO NMENTAL
QUALITY ACT
WHEREAS California Government Code Sections 65850 and 37361 enable city legis lative bodie s to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects havin g a special character or special histori cal or aesthetic interest or value”; and
WHEREAS historic and cultural resources are i mportant to the City o f Goleta as encapsulated within the Vis ual and Historic Resources Element of the City’s General Plan/Coastal Land Use Plan; and
WHEREAS the City Council adopted Ordinance 22-10 that established the Historic Preservation Commission, codified as Chapter 2.17 of the Goleta Municipal Code , and adopted regulations regard H istoric Resources and Archaeological and Tri bal Cultural R esources, codified as Chapters 17.33 and
17.43 respectively of the Goleta Municipal Code, on April 19, 2022; and WHEREAS Chapter 2.17 of the Goleta Municipal Code outlines among other topics, the pu rpose of Historic Preservation Commission , the number of members, qualification of memb ers, co mmission responsibilities, and organization of the Historic Preservation Commission; and WHEREAS Section 2.17.050 (A) requires that the Historic Preservation Commission be composed of p rofessional and la y members with demonstrated interest, competence, or knowledge in historic preservation. Historic Preservation Commission members may be appointed from amo ng the di sciplines of architecture, history, architectural history, planning, archaeology, or other related disciplines, such as American s tudies, landscape a rchitecture, cultural geography, or cul tural anthropology, to the extent that such professionals a re available in the community. Historic Preservation Commission membership may also include la y members who h ave demonstrated spe cial interest /expertise, competence, expe rience, or knowledge of Goleta history an d historic preservation, and/or are members of local Chumash tribal group(s); and WHEREAS a need has been identified to adjust the number of the Historic Preservation Commission er given the unique q ualifications outlined in Section
2.17.050(A) to ensure that the Commission make up reflects the require ments of Section 2.17.050(A) and (B).
6 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (HPC number) 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recital
The City Council hereby finds and determines that t he foregoing re citals, which are incorporated herein by reference, are true and correct.
SECTION 2. Environmental Assessment
Pursuant to Public Resourc es C ode Secti on 21083.3 and California Environmental Qu ality Act (CEQA) Guideline s Sections 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not quali fy as a "project" for the purposes of CEQA because t he O rdinance does not result in direct or in direct physical changes in the environm ent. The Ordinance proposed do es not, by itself, have the potential t o have a significant eff ect on the envi ronment. Any subsequent development project will be separately examined in accordance with CEQA. As such, the proposed Ordinance is exempt from CEQA review.
SECTION 3. Action. Based on the findings above , the City Council takes the following actions:
A. Section 2.17.030 of the Goleta Municipal Code, shall be amended to read in its entirety as follows:
2.17.030 Members. The Historic Preservation Commission shall consist of seven members.
B. Directs staff to fil e a Notice of Exemption within five business days following second reading of the ordinance.
SECTION 4. Effect of Amendment
To t he extent any provision of th is O rdinance repeals, amends, or su persedes any previous approvals, such re peal or replacement will n ot affect any penalty, forfeiture, or liability incurred before, o r preclud e prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any repealed or superseded part of previ ous approvals will remain in full forc e and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 5. Severability
7 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (HPC number) 3 If any part of this Ordinance or its application is deemed inva lid by a cou rt of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 6. Codification
The City Clerk shall cause these ame ndments to be appropriately renumbered and codified in Title 2 of the Goleta Municipal Code on the effective date of this Ordinance.
SECTION 7. Certification of City Clerk
The City Clerk shall certify to the adop tion of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 8. Effective Date
This o rdinance shall t ake effect on t he 31st day following adoption by the City Council.
INTRODUCED ON the ___ day of ________, 2023.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2023.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
8 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (HPC number) 4
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 23-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the ___________, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
9 ATTACHMENT 2 COVER SHEET
OPTION B
An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 2.17 regarding the Residency Requirements for the Historic Preservation Commission and finding the amendment to be exempt from the California Environmental Quality Act
10 Attachment 2
Option B
ORDINANCE NO. 23-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, AMENDING CHAPTER 2.17
REGARDING RESIDENCY REQUIREMENTS FOR THE
HISTORIC PRESERVATION COMMISSION AND FINDING THE
ORDINANCE TO BE EXEMPT FROM THE CALIFORNI A
ENVIRONMENTAL QUALITY ACT
WHEREAS California Government Code Sections 65850 and 37361 enable city legis lative bodie s to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a sp ecial character or special histori cal or aesthetic interest or value”; and
WHEREAS historic and cultural resources are i mportant to the City o f Goleta as encapsulated within the Vis ual and Historic Resources Element of the City’s General Plan/Coastal Land Use Plan; and
WHEREAS the City Council adopted Ordinance 22-10 that established the Historic Preservation Commission, codified as Chapter 2.17 of the Goleta Municipal Code , and adopted regulations regard H istoric Resources and Archaeological and Trib al Cultural R esources, codified as Chapters 17.33 and
17.43 respectively of the Goleta Municipal Code, on April 19, 2022; and WHEREAS Chapter 2.17 of the Goleta Municipal Code outlines among other topics, the pu rpose, number of members, qualification of m embers, commission responsibilities, and organization of the Historic P reservation Commission; and
WHEREAS Section 2.17.050 ( A) requires that the Historic Preservation Commission be composed of p rofessional and la y members with demonstrated interest, competence, or knowledge in historic preservation. Historic Preservation Commission members may be appoint ed from amo ng the di sciplines of architecture, history, architectural history, planning, archaeology, or other related disciplines, such as American s tudies, l andscape a rchitecture, cultural geography, or cul tural anthropology, to the extent that such prof essionals a re available in the community. Historic Preservation Commission membership may also include la y members who h ave demonstrated spe cial i nterest/expertise, competence, expe rience, or knowledge of Goleta history an d historic preservation, and/or are members of local Chumash tribal group(s); and WHEREAS a need has been identified to adjust the res idency requirements for the Historic Preserva tion Com mission as provided in Section
2.17.050(B), which requires a majority of membership of the Commission to be 11 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (Residency) 2 City residents, given the unique qualifications outlined in Section 2.17.050(A) and the complexity it may pose to find residents with the stated qualifications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recital
The City Cou ncil hereby finds and determines that t he foregoing re citals, which are incorporated herein by reference, are true and correct.
SECTION 2. Environmental Assessment
Pursuant to Public Resourc es Co de Secti on 210 83.3 and California Environmental Quality Act (CEQA) Guideline s Sections 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not quali fy as a "project" for the purposes of CEQA because t he O rdinance does not result in direct or in direct physical changes in the environm ent. Th e Ordinance proposed do es not, by itself, have the potential to have a significant eff ect on the envi ronment. Any subsequent development project will be separately examined in accordance with CEQA. As such, the proposed Ordinance is exempt from CEQA review.
SECTION 3. Action. Based on the finding s above, the City Council takes the following actions:
A. Section 2.17.050 (B) of the Goleta Municipal Code, is amended to read in its entirety as follows:
2.17.050 (B) Qualification of Members.
A majority of the members may be residents of the city during incumbency.
There shall be a minimum of two res idents on the Historic Preservation Commission.
B. Directs staff to fil e a Notice of Exemption within five business days following second reading of the ordinance.
SECTION 4. Effect of Amendment
To t he extent any provision of th is O rdinance repeals, amends, or sup ersedes any previous approvals, such r epeal or replacement will n ot affect any penalty, forfeiture, or liability incurred before, o r preclud e prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any repealed or superseded part of previous approvals will remain in full forc e and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
12 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (Residency) 3
SECTION 5. Severability
If any part of this Ordinance or its application is deemed inva lid by a cou rt of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 6. Codification
The City Clerk shall cause these ame ndments to be appropriately renumbered and codified in Title 2 of the Goleta Municipal Code on the effective date of this Ordinance.
SECTION 7. Certification of City Clerk
The City Clerk shall ce rtify to the adop tion of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 8. Effective Date
This o rdinance shall t ake effect on t he 31st day f ollowing adoption by the City Council.
INTRODUCED ON the ___ day of ________, 2023.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2023.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
13 Ordinance No. 23- ___ Amendment to Chapter 2.17 Ordinance (Residency) 4
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 23-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the ___________, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
14 ATTACHMENT 3 COVER SHEET
Redline of Chapter 2.17 with Options A and B
15 Attachment 3
Chapter 2.17 Historic Preservation Commission
Sections:
2.17.010 Purpose
2.17.020 Created
2.17.030 Members
2.17.040 Appointment
2.17.050 Qualifications of Members
2.17.060 Term of Office
2.17.070 Removal from Office
2.17.080 Vacancy
2.17.090 Organization
2.17.100 Meetings
2.17.110 Compensation
2.17.120 Responsibilities
2.17.010 Purpose.
The purpose of the His toric Prese rvation Commission is to act as an advisory body to the staff, the Design Review Boar d, and City Council on all matters pertaining to historic preservation.
2.17.020 Created.
A Historic Preservation Commission for the City is created.
2.17.030 Members.
The Historic Preservation Commission shall consist of five seven members. (Option A)
2.17.040 Appointment.
The Mayor shall , in his or he r discretion and subject to City Council a pproval, appoint the members.
2.17.050 Qualification of Members.
A. The Historic Preservation Commission shall be composed of professional and lay m embers with demonstrated interest, competence, or k nowledge in historic preservation. Historic Preservation Commission members may be appointed from amo ng the di sciplines of a rchitecture, h istory, architectural history, planning, archaeology, or other related disciplines, such as American studies, landscape architecture, cultural geography, or cul tural anthropology, to the extent that such professionals a re available in the community. Historic 16 Redline of Chapter 2.17 2
Preservation Commission membe rship may also include la y members who have demonstrated spe cial interest /expertise, c ompetence, experience, or knowledge of Goleta history and historic preservation, and/or are members of local Chumash tribal group(s).
B. A majo rity of the members shall may be resident s of the Cit y du ring incumbency. There shall be a minimum of two residents on the Historic Preservation Commission. Option B
2.17.060 Term of Office.
A. The members of the first appointed Historic Preservation Commission shall so classify themselves by lot that one of their number shall term out of office on June 30, 2024, two on June 30, 2025, and two on June 30, 2026.
B. Terms shall be for four years thereafter, with no limit on the number of terms to which members may be appointed.
C. Members shall serve until their successor has been appointed.
2.17.070 Removal from Office.
A Historic Preservation Commission member is aut omatically removed fr om office if the member is absent f rom thr ee consecuti ve regular meetings of th e Historic Preservation Commission. A member shal l serve at the pleasure of the Mayor and may be removed by the Mayor at any ti me w ithout cause. The member may also be removed by a majority vote of the City Counc il at any time and for any reason.
2.17.080 Vacancy in Office.
Vacancies, other than by expir ation of a term, shall be filled by appointment by the Mayor subject to City Council approval and shall serve the remainder of the previous term.
2.17.090 Organization.
A. Each calendar year, at its first regular meeting or as soon as practicable thereafter, the Historic Preservation Commission shall elect from it s membership a Chair and a Vice-Chair.
B. The Historic Preservation Commission shall adopt rules for the transaction of its business. It shall also keep a public record of its resolutions, transactions, findings, and determinations.
C. The Planning and Environmental Review Director or designee shall serve as the Secre tary to th e Historic Preservation Commission an d s hall have no vote.
2.17.100 Meetings.
17 Redline of Chapter 2.17 3
The Historic Preservation Commission shall hold at le ast one regular meeting every other month subject to the agenda calendar.
2.17.110 Compensation.
The City C ouncil may establish by resolution the co mpensation to be paid to members of the Historic Preservation Commission.
2.17.120 Responsibilities.
The Historic Preservation Commission shall have such duties as are prescribed in Section 17.50.080.
18 ATTACHMENT 4 COVER SHEET
Notice of Exemption
19 1
November 2022
NOTICE OF EXEMPTION (NOE)
To: Office of Planning and Research From: City of Goleta P.O. Box 3044, Room 212 130 Cremona Drive
Sacramento CA 95812-03044 Goleta CA 93117
√Clerk of the Board of Supervisors
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara CA 93101
Project Title:
Amendment to Chapter 2.17 of the Goleta Municipal Code regarding the composition of Goleta Historic Preservation Commission.
Project Applicant
City of Goleta
Project Location:
Address: N/A – City Wide
City: Goleta CA 93117
County: Santa Barbara
APN: N/A - City Wide
Description of Nature, Purpose, and Beneficiaries of the Project:
Beneficiaries of the Project are the citizens of Goleta.
Name of Public Agency Approving the Project: Goleta City Council
Name of Person or Agency Carrying Out the Project: City of Goleta
Exempt Status: (check one)
Ministerial (Section 15268):
Declared Emergency (Section. 15269(a):
Emergency Project (Section 15269(b) (c):
Categorical Exemption: State the type and Section number:
√ Other: Section 15061 (b) (3)
20 2
November 2022
Reason(s) why the project is exempt:
Pursuant to CEQA Guidelines Sec tions 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not qualify as a "project" for the purposes of CEQA because the Ordinance does not result in direct or indirect physical changes in the environment. The amendment proposed does not have the pot ential to cause a significant effect on the environment as the membership composition of the Historic Preservation Commission will not lead to development. As such, the proposed Ordinance is exempt from CEQA review.
City of Goleta Contact Person, Telephone Number, and email:
Lisa Prasse, AICP, Current Planning Manager; 805-961-7542; [email protected]
Name Title Date
If filed by the applicant:
Attached certified document of exemption finding.
Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Date received for filing at OPR: _______________________________________
Note: Authority cited: Section 21083 and 21110, Public Resources Code Reference Section 21108, 21152, and 21152.1, Public Resources Code
21