8/19/2014 CITY COUNCIL MEETING MINUTES PAGE 1

CITY COUNCIL MEETING MINUTES

Tuesday, August 19, 2014

Afternoon Session 1:30 PM City Hall

130 Cremona Drive, Suite B Goleta, California

Evening Session

6:00 PM City Hall

130 Cremona Drive, Suite B Goleta, California

Members of the City Council

Michael T. Bennett, Mayor Paula Perotte, Mayor Pro Tempore Roger S. Aceves, Councilmember Jim Farr, Councilmember Tony Vallejo, Councilmember

Michelle Greene, Interim City Manager Deborah S. Lopez, City Clerk

Tim W. Giles, City Attorney

AFTERNOON SESSION

CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Bennett called the meeting to order at 1:30 P.M., followed by the Pledge of Allegiance.

ROLL CALL OF CITY COUNCIL PRESENT: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves,

Farr, and Vallejo ABSENT: None

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REPORT FROM CLOSED SESSION

Tim W. Giles, City Attorney, reported on closed session matters: PUBLIC EMPLOYMENT Pursuant to the provisions of Government Code Section 54957 (b) with regard to the following personnel matter:

City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter: Property: APN: 073-140-004 Agency Negotiator: Michelle Greene, Interim City Manager Negotiating Party: Goleta HHG Hotel Development LP Under Negotiations: Price and Terms Action: No reportable action.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to the provisions of Government Code Section 54957 with regard to the following personnel matter:

City Attorney Evaluation CONFERENCE WTH LABOR NEGOTIATORS Pursuant to the provisions of Government Code Section 54957.6: Agency Designated Representatives: Michelle Greene, Interim City Manager Tim W. Giles, City Attorney Employee Organization: Goleta General Employees Unit and Goleta Miscellaneous Employees Action: Items continued to the conclusion of the afternoon session. PUBLIC FORUM Alex Heidarian, Happy Harrys Produce owner, raised concerns regarding the recently installed Happy Harry's signage and noted the neighboring Mobil Gas Station has planted trees near the side of his property that block his new signs. Mr. Heidarian is requesting Mobil Gas Station move their trees and noted he collected 500 signatures from customers who supported his idea to relocate the trees (letter on file).

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Beatrice Meier requested Council support House of Representatives Resolution No.281 that opposes illegally harvesting organs for transplant to matching donors in China. Ms. Meier provided the website www.stoporganharvesting.org for those wanting to obtain more information and requested Congresswoman Lois Capps be contacted to support the Resolution.

AMENDMENTS OR ADJUSTMENTS TO AGENDA None

A. PRESENTATION A.1 Employee Oath of Office - Scott "Tony" Pennington, Maintenance Worker I

Employee Oath of Office - Scott "Tony" Pennington, Maintenance Worker I

Liana Campos, Deputy City Clerk, provided the Oath of Office to Scott "Tony" Pennington, Maintenance Worker I.

A.2 Certificate of Recognition - Cole Smith, Parks & Recreation Commission, Student Member

Certificate of Recognition - Cole Smith, Parks & Recreation Commission, Student Member

Mayor Bennett provided Cole Smith, Parks and Recreation Commissioner Student Member, with a Certificate of Recognition recognizing his service and dedication to the City.

B. CONSENT CALENDAR B.1 Approval of the Special City Council Meeting Minutes of June 12, 2014 and

City Council Meeting Minutes of June 17, 2014 Recommendation: Approve the Special City Council Meeting Minutes of June 12, 2014 and City Council Meeting Minutes of June 17, 2014.

Approval of the Special City Council Meeting Minutes of June 12, 2014 and City Council Meeting Minutes of June 17, 2014 MOTION: Councilmember Vallejo/Councilmember Aceves motion to

approve the Special City Council Meeting Minutes of June 12, 2014 and City Council Meeting Minutes of June 17, 2014.

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves,

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Farr and Vallejo. Noes: None. B.2 Acceptance of the July 2014 Check Register

Recommendation: Accept the check register for the month of July 2014.

Acceptance of the July 2014 Check Register MOTION: Councilmember Vallejo/Councilmember Aceves motion to accept

the July 2014 Check Register.

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves, Farr and Vallejo. Noes: None.

B.3 Acceptance of Quarterly Treasurer's Report for the Quarter Ending June

30, 2014 Recommendation: Accept the Quarterly Treasurer's Report for the Quarter Ending June 30, 2014.

Acceptance of Quarterly Treasurer's Report for the Quarter Ending June 30, 2014 MOTION: Councilmember Vallejo/Councilmember Aceves motion to accept

the Quarterly Treasurer's Report for the Quarter Ending June 30, 2014

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves, Farr and Vallejo. Noes: None.

B.4 Proposed Ordinance Adopting a Rezone; Repealing the Raytheon Specific

Plan; and Approving a Development Agreement for the Village at Los Carneros Project Recommendation: Conduct the second reading (by title only) and waive further reading and adopt Ordinance No. 14-_____ entitled "An Ordinance of the City Council of the City of Goleta, California Adopting a Change in Zoning Designation; Repealing the Raytheon Specific Plan; and Approving a Development Agreement for the Village at Los Carneros Project. Case Number 10-043-RZ, -SPA, -OA; APN 073-330-023, 024, 025, 026, 027, 028, 029, 030."

Proposed Ordinance Adopting a Rezone; Repealing the Raytheon Specific Plan; and Approving a Development Agreement for the Village at Los Carneros Project MOTION: Councilmember Vallejo/Councilmember Aceves motion to

conduct the second reading (by title only) and waive further

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reading and adopt Ordinance No. 14-07 entitled "An Ordinance of the City Council of the City of Goleta, California Adopting a Change in Zoning Designation; Repealing the Raytheon Specific Plan; and Approving a Development Agreement for the Village at Los Carneros Project. Case Number 10-043-RZ, -SPA, -OA; APN 073-330-023, 024, 025, 026, 027, 028, 029, 030."

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves, Farr and Vallejo. Noes: None.

B.5 Reject All Bids for the FY 2014-15 Pavement Rehabilitation - Asphalt

Overlay Recommendation:

A. Reject all bids for the FY 2014-2015 Pavement Rehabilitation - Asphalt Overlay; and

B. Direct staff to redefine the project and rebid the FY 2014-15 Pavement Rehabilitation - Asphalt Overlay project.

Reject All Bids for the FY 2014-15 Pavement Rehabilitation - Asphalt Overlay MOTION: Councilmember Vallejo/Councilmember Aceves motion to reject

all bids for the FY 2014-2015 Pavement Rehabilitation - Asphalt Overlay; and direct staff to redefine the project and rebid the FY 2014-15 Pavement Rehabilitation - Asphalt Overlay project.

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves, Farr and Vallejo. Noes: None.

C. DISCUSSION/ACTION ITEM C.1 Consideration of Appointment of City Councilmembers

Recommendation:

A. Receive the City Clerk Certification that there are not more candidates than offices to be elected, and

B. Consider adoption of Resolution No.14-__ entitled "A Resolution of the City Council of the City of Goleta, California, Appointing Roger S. Aceves, Michael T. Bennett and Paula Perotte and Canceling the November 4, 2014 Election."

Consideration of Appointment of City Councilmembers

Staff Speaker: Tim W. Giles, City Attorney

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MOTION: Councilmember Vallejo/Councilmember Farr motion to receive

the City Clerk Certification that there are not more candidates than offices to be elected, and consider adoption of Resolution No.14-45 entitled "A Resolution of the City Council of the City of Goleta, California, Appointing Roger S. Aceves, Michael T. Bennett and Paula Perotte and Canceling the November 4, 2014 Election."

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves, Farr and Vallejo. Noes: None.

C.2 Review of League Resolution for the League of California Cities 2014

Business Meeting Recommendation: Approve staff recommendation regarding the policy resolution being considered at the League of California Cities 2014 Annual Business Meeting and provide direction to the voting delegates.

Review of League Resolution for the League of California Cities 2014 Business Meeting

Staff Speaker: Heidi Aten, Senior Management Analyst MOTION: Councilmember Farr/Councilmember Vallejo motion to approve

staff recommendation regarding the policy resolution being considered at the League of California Cities 2014 Annual Business Meeting and provide direction to the voting delegates.

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Farr and Vallejo. Noes: Councilmember Aceves.

C.3 Update on the Hollister Avenue Crosswalk Improvement at the Goleta

Valley Community Center Project Recommendation: Receive an update on the Hollister Avenue Crosswalk Improvement at the Goleta Valley Community Center Project.

Update on the Hollister Avenue Crosswalk Improvement at the Goleta Valley Community Center Project

Staff Speakers:

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Rosemarie Gaglione, Interim Public Works Director and James Winslow, Senior Project Manager, provided a Powerpoint presentation on the Hollister Avenue Crosswalk Improvement at the Goleta Valley Community Center (Powerpoint presentation on file). Council received the update.

C.4 Santa Barbara County Library Advisory Committee Appointee Recommendation: Conduct interviews and consider appointment for one expired Santa Barbara County Library Advisory Committee position.

Santa Barbara County Library Advisory Committee Appointee

Council conducted the Santa Barbara County Library Advisory Committee Appointee interviews of James Baxter, Margaret Connell and Nancy Knight. MOTION: Mayor Pro Tempore Perotte/Councilmember Vallejo motion to re-

appoint Margaret Connell to the Santa Barbara County Library Advisory Committee position.

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves, Farr and Vallejo. Noes: None.

OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None

CLOSED SESSION

Tim W. Giles, City Attorney, read into record closed session matters: CONFERENCE WTH LABOR NEGOTIATORS Pursuant to the provisions of Government Code Section 54957.6: Agency Designated Representatives: Michelle Greene, Interim City Manager Tim W. Giles, City Attorney Employee Organization: Goleta General Employees Unit and Goleta Miscellaneous Employees Action: No reportable action anticipated. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

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Pursuant to the provisions of Government Code Section 54957 with regard to the following personnel matter:

City Attorney Evaluation Action: No reportable action anticipated.

ADJOURN TO CLOSED SESSION AT 3:06 P.M.

RECESS TO EVENING SESSION AT 4:30 P.M. CITY COUNCIL MEETING

6:00 P.M. 130 CREMONA DRIVE, SUITE B

GOLETA, CALIFORNIA

EVENING SESSION

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CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Bennett called the meeting to order at 6:01 P.M., followed by the Pledge of Allegiance.

ROLL CALL OF CITY COUNCIL PRESENT: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves,

Farr, and Vallejo ABSENT: None

REPORT FROM CLOSED SESSION - (City Attorney)

Tim W. Giles, City Attorney, reported on closed session matters: CONFERENCE WTH LABOR NEGOTIATORS Pursuant to the provisions of Government Code Section 54957.6: Agency Designated Representatives: Michelle Greene, Interim City Manager Tim W. Giles, City Attorney Employee Organization: Goleta General Employees Unit and Goleta Miscellaneous Employees Action: No reportable action. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to the provisions of Government Code Section with regard to the following personnel matter:

City Attorney Evaluation Action: Continued to the conclusion of the evening session.

PUBLIC FORUM None

AMENDMENTS OR ADJUSTMENTS TO AGENDA None

D. PUBLIC HEARING

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D.1 13-125-APP; Appeal of Planning Commission Approval (13-101-APP) of a

single family dwelling and detached residential second unit, located at 810 North Fairview Avenue (Assessor Parcel Number's ("APN") 069-070-036, -037, -038) Applicant: Kevin Hanson Appellant: Betty Wells Recommendation: Adopt resolution No.14- _ entitled "A Resolution of the City Council of the City of Goleta, California approving a Single Family Dwelling and Detached Residential Second Unit at 810 North Fairview Avenue; Assessor Parcel Number's 069-070-036, -037, 038". (Attachment 1)

13-125-APP; Appeal of Planning Commission Approval (13-101-APP) of a single family dwelling and detached residential second unit, located at 810 North Fairview Avenue (Assessor Parcel Number's ("APN") 069-070-036, -037, -038)

Staff Speakers: Brian Hiefield, Associate Planner, provided a Powerpoint presentation on the Appeal of the Hanson Residence located at 810 N. Fairview Avenue, Goleta, (Powerpoint presentation on file). Lisa Prasse, Planning Manager Tim W. Giles, City Attorney

OPENED PUBLIC HEARING AT 6:11 P.M. Richard Monk, representing the Appellant Betty Wells, spoke in support of the appeal on the grounds that there is no evidence in the administrative record to support LUP finding No. 1 and required DRB Findings No. 18 and 20. Betty Wells, Appellant, expressed her disapproval of the proposed project’s roof in the view corridor, height of 38 feet, the 7,000 square foot size and the 1960's style, the need for a retaining wall, the lack of a landscape plan, grading study, and engineering study. Carl Schneider, CSA-Architects representing the Applicant Kevin Hanson, noted the proposed project would be a mid-century ranch style home with a functional orchard and the height of the project would not exceed 38 feet or block any private or public views. Mr. Schneider pointed out the Fire Department provided a letter with conditions of approval and spoke to the use of La Goleta Road for construction and fire access.

William Neiman spoke in support of the appeal to deny to the proposed project and raised concerns regarding the potential for landslides on the uphill section of La Goleta Road and suggested Mr. Hanson use his own driveway located at 810 N. Fairview for all construction traffic. Mr. Neiman provided an overview of various accidents on La Goleta Road and noted that Mr. Hanson's use of La Goleta Road

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for construction would pose a risk for residents. Mr. Neiman requested a soil assessment for the proposed project driveway areas, a grading plan and retaining walls where the proposed driveway would connect to La Goleta Road. Fred Barbara expressed his disagreement with staff's statement that the City has no jurisdiction over La Goleta Road and urged the Council to modify the permit if granted and place a condition that prohibits the use of La Goleta Road for construction vehicles with a gross weight of over 5 tons. James Kennett spoke to the geology of La Goleta Road, provided an overview of the history of the road improvements and pointed out that the five ton sign limit at the base of the road serves a purpose. Richard Monk, representing the Appellant Betty Wells, argued the City only reviewed the project parcel and did not provide consideration for the access route at La Goleta Road and that the City's policies indicate the project should not be approved because of the soil hazards, unless mitigation measures are approved. Mr. Monk urged the Council to review Coast-Valley Testing Inc.'s report which states the road is nearing failure. Carl Schneider, CSA-Architects representing the Applicant Kevin Hanson, noted the turnaround included in the proposed project that would improve safety for the surrounding residents. CLOSED PUBLIC HEARING AT 7:06 P.M. MOTION: Councilmember Aceves/Councilmember Vallejo motion to adopt

Resolution No.14-46 entitled "A Resolution of the City Council of the City of Goleta, California approving a Single Family Dwelling and Detached Residential Second Unit at 810 North Fairview Avenue; Assessor Parcel Number's 069-070-036, -037, 038". (Attachment 1)

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves and Vallejo. Noes: Councilmember Farr.

D.2 Compensation for Members of the City Council

Recommendation: Introduce and conduct the first reading (by title only) and waive further reading of Ordinance No. 14-__ entitled "An Ordinance of the City Council of the City of Goleta, California Revising Section 2.01.080 of the Goleta Municipal Code and Establishing Compensation of City Councilmembers."

Compensation for Members of the City Council

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Staff Speaker: Tim W. Giles, City Attorney OPENED PUBLIC HEARING AT 7:50 P.M. Public Speakers: None CLOSED PUBLIC HEARING AT 7:50 P.M. MOTION: Councilmember Aceves/Mayor Pro Tempore Perotte motion to

introduce and conduct the first reading (by title only) and waive further reading of Ordinance No. 14-__ entitled "An Ordinance of the City Council of the City of Goleta, California Revising Section 2.01.080 of the Goleta Municipal Code and Establishing Compensation of City Councilmembers" effective December 1, 2014 as amended.

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves, Farr and Vallejo. Noes: None.

E. DISCUSSION/ACTION ITEM E.1 Support for Savings By Design Program

Recommendation:

A. Receive a presentation from Southern California Edison (SCE) on the Savings By Design Program; and

B. Authorize a letter of support to SCE for voluntary participation in the program

Support for Savings By Design Program

Staff Speaker: Cindy Moore, Sustainability Coordinator Dave Intner, Southern California Edison, provided a Powerpoint presentation on the Savings by Design Program (Powerpoint presentation on file). MOTION: Councilmember Aceves/Councilmember Farr motion to receive a

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presentation from Southern California Edison (SCE) on the Savings By Design Program and authorize a letter of support to SCE for voluntary participation in the program.

VOTE: Motion approved by the following voice vote: Ayes: Mayor Bennett, Mayor Pro Tempore Perotte, Councilmembers Aceves, Farr and Vallejo. Noes: None.

F. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS

07/29/2014 Goleta Beach Park Standing Committee Meeting 08/07/2014 Ordinance Review Standing Committee Meeting

Councilmember Farr reported attending the Goleta Beach Park Committee Meeting on July 29, 2014 where an overview was provided of how the City is working with the County of Santa Barbara regarding their petition to the California Coastal Commission to save the rock revetment at Goleta Beach Park. Mayor Bennett and Councilmember Vallejo reported attending the Ordinance Review Standing Committee meeting on August 7, 2014 where the topics discussed included the proposed Plastic Bag Ban Ordinance, the consideration of a registration process for vacation rentals, digital infrastructure and modifications to the Design Review Board and Planning Commission process and structure. Councilmember Vallejo suggested Council provide recognition to The Habit establishment recognizing their status as Consumer Reports best burger in the nation, Councilmember Aceves concurred. Councilmember Vallejo suggested Councilmember Aceves reach out to the MTD Board regarding the operation of an electric shuttle in Old Town Goleta including a stop at the Goleta station, Mayor Bennett concurred and Councilmember Aceves agreed to bring the item before MTD. Councilmember Aceves suggested Council provide recognition to Jordanos recognizing their 100 year anniversary. Councilmember Farr spoke to a piece of land owned by the City of Santa Barbara that may be sold to Direct Relief International and questioned the impacts to the City, Mayor Bennett suggested staff provide a one page memo provided to Council. Councilmember Farr pointed out the Civic Center Feasibility Study Charrette was impacted by the lack of information on the maintenance yard property located to the east and requested information on its status. Councilmember Farr suggested creating an event, Coffee with the City, where Council and City directors could meet with City residents in a question/answer forum, Mayor Pro Tempore Perotte and Councilmember Vallejo supported the request.

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Mayor Pro Tempore Perotte reported attending the Joint Powers of Insurance Authority (JPIA) Risk Management Annual Board meeting on July 16-17, 2014 where there was an election of the executive committee and a budget approval and that they would be holding their 19th Annual California JPIA Risk Management Educational Forum at the Fess Parker Doubletree Resort from October 29 - 31, 2014. Mayor Pro Tempore Perotte reported attending the Beach Erosion Authority for Clean Oceans (BEACON) meeting on July 18, 2014 and the Goleta Valley Community Center Board meeting on July 29, 2014 and reported that Michelle Greene, Interim City Manager and John Herrera, Interim Finance Director, supported the community center’s efforts with recruiting new board members and a treasurer. Mayor Pro Tempore Perotte concluded by noting she met with Saul Serrano, Coordinator for the South Coast Youth Gang Task Force, and that Mr. Serrano provided her with a progress update and that there is a newly formed auxiliary council that was seeking representation from the City and that Deputy Valadez was suggested. Councilmember Vallejo announced the Dam Dinner would take place August 23, 2014 at 5 P.M. at Lake Los Carneros and urged those wanting to attend to R.S.V.P. Mayor Bennett and Councilmember Farr reported attending the Isla Vista Self Governance meeting on July 21, 2014. Mayor Bennett reported meeting with the Rancho Mobile Home Park residents on July 30, 2014, a visit to the new regional safety training complex in Lompoc on July 31, 2014, participating in the Fiesta Parade on August 1, 2014, the UCSB Trustees Subcommittee meeting and that he attended the Isla Vista Safe Committee meeting chaired by Joyce Dudley on August 15, 2014 at the Santa Barbara County Building. Mayor Bennett and Councilmember Vallejo reported attending the Avoid the 12 press conference on August 14, 2014 held at the Sheriff's Department in an effort to emphasize maximum enforcement of not drinking and driving.

G. CITY MANAGER/STAFF REPORT

Michelle Greene, Interim City Manager, reported the participation between the City, UCSB and the County of Santa Barbara in anticipation of Isla Vista's incoming students, Deltopia and Halloween and that the various issues would go before the Public Safety Committee and the Council. Ms. Greene provided an update that the night work at the Los Carneros Bridge concluded for the week and that the City Police Department would increase patrols within school zones in conjunction with the commencement of the new school year and reminded drivers to comply with the 15 mph limit in school zones.

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H. CITY ATTORNEY REPORT None

OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None

CLOSED SESSION

Tim W. Giles, City Attorney, read into record closed session matters:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to the provisions of Government Code Section 54957 with regard to the following personnel matter:

City Attorney Evaluation Action: No reportable action anticipated.

ADJOURNED TO CLOSED SESSION AT 8:32 P.M.

GOLETA CITY COUNCIL

_________________________ MICHAEL T. BENNETT, MAYOR

ATTEST:

___________________________ DEBORAH S. LOPEZ CITY CLERK