Author Archives: Valerie Kushnerov

Do you love Monarch Butterflies? Are you looking for a volunteer opportunity?

Become a Monarch Butterfly Docent at the Goleta Butterfly Grove on Ellwood Mesa! Fall is almost here and that means the Monarchs will be arriving soon! If you’d like to find out more about this opportunity, please attend the Fall Information Session.

Docent Information Session: Monday October 20th, 6-8 pm at Goleta City Hall

Field Training and Orientation: Saturday, November 1st, 9 am at Ellwood Mesa

No previous butterfly experience or knowledge is necessary, we will train you! To RSVP for the Information Session or for any questions, please contact Docent Intern, Charis van der Heide, at 805.961.7571 or cvanderheide@cityofgoleta.org

Want to Make a Noise Complaint? Here’s What You Need to Know…

Your neighbor next door or around the corner is making too much noise, and it’s late. You have to work early in the morning. You need your sleep, and you can’t sleep with that noise going on all night. You can’t (or you opt not to) ask them to quiet down. Instead, well within your rights as a member of the community, you call law enforcement and make a noise complaint.  You just want the noise to stop.

Unfortunately, noise complaints may not be as simple as you think. Here are some things that you should know…

The noise complaint violation, and what gives deputies the right to contact and gain authority over a noise-making subject, is a violation of Penal Code Section 415(2). This section reads: “Any person who maliciously and willfully disturbs another person by loud and unreasonable noise” is in violation of disturbing the peace and is subject to a fine and/or a jail sentence.  Violating Penal Code Section 415(2)is a misdemeanor. (Penal Code Section 415(2) being a misdemeanor will come into play later, as I explain below.)

The two tenets of a noise being unreasonable and maliciously and willfully generated must be met in order for deputies to have any authority (i.e. making the noise cease) in these types of calls. Meaning, a noise must be unreasonable and willfully malicious for deputies to stop the noise under the rule of law. While the state statute does not define “unreasonable,” “willful,” or “maliciousness,” case law has established some guidelines.

Simply put, the courts have defined noises as “unreasonable” using criteria (such as the time of day), with early morning and late night hours being the most accepted and by the distance the noise travels(i.e. the noise can be heard a certain distance away) or by the volume of the noise.  The types of noises and/or the reasons for the noise (or lack thereof) can also play a role in determining whether a noise is reasonable or unreasonable. As such, noises being produced during normal and/or commonly-used waking hours and/or noises that do not travel hundreds of yards away from their source are often not seen as unreasonable by the courts.

It is not hard, even under these parameters, to have a noise deemed unreasonable. This alone, however, does not mean that the person making the noise is in violation of Penal Code Section 415(2).  In order for that to happen, the person must also be producing the noise maliciously, with the willful intent to disturb another person’s peace. Case law has held that for the malicious and willful elements to be met in Penal Code Section 415(2), the subject making the noise must know that there is a person being bothered by the noise. Inversely stated, a subject’s noise-making actions cannot be deemed malicious if he/she is unaware that someone is being bothered by the noise. The absence of awareness means the absence of will, and the absence of will means the absence of malice.

As a result, law enforcement (in meeting the requirements of case law) seeks to first establish awareness when addressing noise complaints. Assuming unreasonableness is established, the common procedure for law enforcement in addressing noise complaints is as follows:

Once a call from a reporting party (i.e. the victim) has been dispatched, deputies will contact the noise-making subject and advise him/her of the complaint. Neither the name of the reporting party nor the location of the reporting party is given. With this advisement, the case law criteria of awareness is met and so, too, is the element of willful malice met should the noise continue to be made following the advisement.

Should the noise continue and law enforcement receives a second call from the same victim, deputies then have full authority to cite and/or arrest the noise-making subject for violating Penal Code Section 415(2) – a misdemeanor. Whether a person is arrested for violating Penal Code Section 415(2) or merely cited rests upon another Penal Code Section, Penal Code Section 853.6(i)(7). Penal Code Section 853.6(i)(7) says a person may be arrested for a misdemeanor (instead of being cited) if “there was a reasonable likelihood that the offense or offenses would continue or resume.” Meaning, if it appeared that the noise-making subject was likely not to stop making the noise in question upon being cited, he/she could be arrested and booked into the county jail.

In summary…

1. There has to be a victim (a person bothered by the noise).
2. There has to be a person making the noise (the suspect).
3. The noise has to meet the case law criteria of unreasonableness.
4. The noise-making subject must know his/her noise is bothering the victim in order for his/her
noise-making actions to be considered willful and malicious.

If any of these elements are missing, there is no violation of Penal Code Section 415(2).

Plus, there’s more (and this is where Penal Code Section 415(2) being a misdemeanor becomes relevant)…

Generally, noting that there are some exceptions (per Penal Code Section 836(a)(1)), misdemeanors must be committed in the presence of a law enforcement officer for them to be enforceable at the scene. If a misdemeanor is not committed in the presence of a law enforcement officer, and it is not one of the exceptions listed in Penal Code 836 (e.g. domestic violence, violation of a court order, etc.), at-scene enforcement requires a “Citizen’s Arrest.”  Penal Code Section 837(1) reads, “A private person may arrest another for a public offense committed or attempted in his presence.” In a citizen’s arrest (also known as a citizen’s complaint), law enforcement officers will act on behalf of the victim in issuing a citation and/or in making an arrest at the scene. Should the case go to court, the victim filing the citizen’s complaint can be called to testify.

Penal Code Section 415(2) requires a citizen’s complaint to be enforceable at the scene. This is why upon calling for the assistance of law enforcement, the dispatch call-taker will ask you if you are willing to sign the citizen’s complaint form.  If you say “no,” or if you say you wish to remain anonymous (which by default means you will not sign the citizen’s complaint form), there is, in essence, no crime because legally there is, in essence, no victim.  [Note: The law does not allow for a law enforcement officer to have his/her peace disturbed while on duty.]

Now, suppose you do not want to sign a citizen’s complaint form, but you still would like deputies to contact your neighbor and politely request on your behalf that he/she stop making the noise you find disturbing.  This can sometimes be done but also sometimes cannot be done.  It all depends upon call volume – how busy patrol is with other calls and what other types of calls they are handling that day (or night).  With no violation of law involved in your request, and no danger or risk to life or limb involved, a law enforcement response to ask someone a favor on your behalf is going to be deemed “low priority.” Additionally, please note that should call volume allow for deputies to submit your request on your behalf (with no authority of law established) the noise-making subject can simply decline the request.

This may be more than you ever wanted to know about noise complaints. However, it is important to understand what the law states and what law enforcement officers are allowed to do and not do. Though noise complaints may seem simple to you, please be patient with our officers as they carry out the law.

And as always, stay alert, stay vigilant and…stay safe!

Be Energy Wise

In Southern California, it costs more to produce electricity in the summer, when energy demand is at its peak, and less to produce electricity in the winter, during periods of lower demand.  When you use energy wisely, you’ll be saving money and the environment.

That’s why the City of Goleta and Southern California Edison (SCE) are partnering to encourage energy efficiency and conservation.

Using energy wisely in our everyday lives is a smart way to ensure our planet and its natural resources are protected.  Simple changes to your daily routine on how and when you use electricity can make a difference.

For example, switch off unnecessary lights and at the end of the day turn off office equipment.  Even using your washing machine, dryer or dishwasher before noon or after 6pm can help conserve energy when demand is at its highest.

Energy management is the first and best way to manage your energy use not only at home, but at work too.  It can help create a brighter future for us all.  By becoming more energy conscious, you’ll help California conserve valuable energy resources now and well into the future.

For more conservation tips, please visit www.SCE.com.

 

September is Officially Emergency Preparedness Month in Goleta

National Preparedness Month (NPM) is right around the corner! This September’s theme is “Be Disaster Aware, Take Action to Prepare”. We are gearing up to bring emergency preparedness information and training to our Goleta community!

Please join us for events this September to learn more about Emergency Preparedness!

September 2, 2014 – City Council Proclamation

The Goleta City Council will officially proclaim September as “Emergency Preparedness Month” at the City Council meeting at 1:30 PM.

September 11, 2014 –Emergency Preparedness Education presentation for Seniors at Encina Royale
(In partnership with the American Red Cross)

Residents at Encina Royale will receive a presentation from the City and the American Red Cross on Emergency Preparedness. If your group is interested in receiving a presentation, contact Luz to schedule one!

September 20, 2014– Goleta Prepare Now at Lemon Festival Safety Street

Stop by the Goleta Prepare Now table at Safety Street to learn more about the program, sign up for the newsletter, and pick up some informational material.

September 27, 2014 – Santa Barbara County CERT Exercise

CERTs from around Santa Barbara County are invited to participate in this educational and engaging event! The exercise this year will be a great opportunity for CERT graduates to practice skills they’ve learned, challenge themselves to learn new skills and work alongside other dedicated CERTs.

Saturday, September 27th
10 AM – 3:30 PM
Lompoc Public Safety Training Facility
1 Hancock Drive

If you would like more information about this training or to register, contact Luz.

For information about any of the September Emergency Preparedness activities, please contact Luz Reyes-Martin at 805-961-7558 or at lreyesmartin@cityofgoleta.org.

Old Town Park Construction Waits on Green Light from State

Plans are nearly complete for the Old Town Park in Goleta but the City is awaiting decision from the State in order to begin construction.

In 2011, legislation was passed that dissolved all Redevelopment Agencies (RDAs) statewide and part of the legislation mandated that RDAs dispose of any property they owned. Since the park site was previously owned by the City’s Redevelopment Agency (RDA) and although the City has contributed more than half of the funds to purchase the park site, the site has to be disposed of.

The City of Goleta does not want to lose this asset and has proposed to re-purchase the site at the cost contributed by the former RDA which was about $1.2 million. Other local agencies which have a stake in the resolution have agreed to the proposal but State must approve the sale prior to beginning any construction.

The City cannot move forward with construction until it is able to re-acquire the site and there is no timeframe for when the State will make a determination. As the City waits for a decision it will continue to move forward as much as possible. The plans are nearly complete and the City has received the final design of the skate plaza portion of the park.  The skate plaza design is based on a great deal of public feedback received from a live webinar held previously this year.

For more information on the project and to sign up for updates, please visit Project Goleta.

New Parking Restrictions Intended to Increase Safety in Isla Vista

University of California, Santa Barbara (UCSB), and the City of Goleta have been working closely together to identify measures to increase safety in our community.  UCSB has developed and recently implemented new parking restrictions which restrict those without a valid parking pass from parking on campus on Friday and Saturday nights.  Starting at 11:59 pm, only those people with a Faculty, Staff, Commuter Student, Residential Student or Housing, Undergraduate or Graduate Night and Weekend, Restricted, Emeriti, Staff Retired, Isla Vista Access/22 Storage, and TAP Meter permit may park on campus.  No passes will be available for purchase at kiosks those evenings after 10:00 pm and parking violations will carry a steep penalty.   

The campus Weekend Overnight Visitor Parking restrictions are meant to keep the UCSB campus safe and secure, and to discourage the use of campus parking by late-night and overnight visitors to Isla Vista.

For more information on UCSB parking regulations, please visit  http://www.tps.ucsb.edu/.

Betty Rosness Honored for Over Forty Years of Community Involvement

The Goleta City Council had the privilege of recognizing long-time Goleta resident Betty Rosness’ community involvement for the last forty years. She received a City tile at the September 2 City Council meeting for her contributions to our community.

Betty has received a number of other honors and awards.  In 1998 she was named Woman of the Year by the Goleta Chamber of Commerce and in 2001 Betty Rosness received the Westmont Medal.  This award recognizes “those in our community whose lives embody the very principles associated with Christian life-integrity, service, compassion, responsibility, faithfulness, discipline and generosity.  Other awards Betty has received include the Santa Barbara County Woman of the Year, Ad Club Woman of the Year, UCSB Affiliates of the Year, Soroptimist International Woman of Distinction, News Press Lifetime Achievement, and the Paul Harris Fellow Award from Rotary Club North.

Betty also founded the Santa Barbara County Women’s Health Coalition and has served on board and leadership roles for many organizations throughout Goleta and Santa Barbara. The organizations include: Cancer Foundation, UCSB Affiliates, Goleta Valley Cottage Hospital, Girls Inc. of Greater Santa Barbara, Sansum Diabetes Research Institute, Community Action Commission, Channel City Club, Santa Barbara Scholarship Foundation, Children’s World of Hospice, Cottage Health System, Breast Care Center, Santa Barbara Rescue Mission, and many more.

Betty has shown her enthusiasm and dedication for non-profit organizations in many ways. This year she went even further to raise awareness for her favorite causes by celebrating her 90th birthday, skydiving from 11,000 feet in the air! What an amazing act showing love and support for her community.

Betty is an Oklahoma native who moved to Goleta in 1968.  She and her husband Hank, a U.S. Air Force Lieutenant Colonel, were married for over 50 years when he passed away.  They are the parents of five children.

We are proud to have such an admirable woman in our community.  Congratulations Betty!

 

 

 

 

 

 

 

Goleta Receives $3.654 Million in Grants for Bicycle and Pedestrian Improvements

Things are looking up for the future of cycling and better pedestrian access in Goleta.  The City recently received notice of award of $3.6 million in two Active Transportation Program (ATP) grants from the California Transportation Commission.  The two projects that received funding are the Hollister Avenue Class I Bike Path Safe Routes to School Project and the Ekwill Street & Fowler Road Extensions Project – Bicycle/Pedestrian Improvements Project.   

The Hollister Class 1 Bike Path Project is a Safe Route to Schools Project.  The $1.644 million grant will be used to construct a Class I Bike Path from Pacific Oaks Drive west to Ellwood School. The project will replace existing sidewalks and the existing trees with new street trees and provide a Class I bike facility that will enhance the users use along this stretch as well as provide increased safety for students walking and bicycling to school. Hollister Avenue will still have four lanes of travel with a center left turn lane. The project will be constructed in Summer 2015. (LINK TO THE WORKSHOP ARTICLE)

The Ekwill Fowler Bicycle and Pedestrian Improvement Project received $2.010 million for constructing sidewalks and Class II bike lanes for the Ekwill Street and Fowler Road Extensions Project. These funds provide an important infusion of revenue since other project costs have risen above the initial estimate.  The project objective is to increase connectivity for all transportation modes.  Construction is expected to begin in late 2015.

This was the first cycle for this new grant program which replaces the Safe Routes to School, Bicycle Transportation Account and other grant programs. The ATP focuses on bicycle and pedestrian transportation and contains a general and a Safe Routes to School component.  This grant process was highly competitive with 772 applications requesting over $1 billion.  $368 million of funding was granted.

For more information on both of these projects, please visit www.ProjectGoleta.com.

Second Dam Dinner a Huge Success

It was a good dam day at the Lake Los Carneros Dam! Over 350 people showed up at this year’s Second Annual Goleta Dam Dinner on August 23.  It was wonderful to see residents get together and enjoy each other’s company while enjoying good food and listening to acoustic sounds by Goodland. Kids (and adults!) had a blast getting their faces painted, and munching on the various desserts people brought from home.

The event, which stemmed from the Love of Goleta workshop in March 2013, was a great success, and we can’t wait to do it again next year!

The Dam Dinner will take place annually on the last Saturday before school begins.  (This will likely be August 22, 2015.  The school calendar for 2015-16 has not been set.)  Mark your calendars and join us next year for this special event, it is a time to get together with friends and family, meet your neighbors and make new friends, and share a meal and love of Goleta.  Follow our Facebook page or register for our email updates on the dinner here.

Special thanks goes out to the Dam Dinner Committee; Diana Garcia, Dacia Harwood, Nancy Knight, Valerie Kushnerov, Amy Mallett, Kristen Miller, Paula Perotte, and Pete Wolf . Thank you to the Event Sponsors; City of Goleta, Goleta Valley Chamber of Commerce, Goleta Valley Community Center, Goleta Valley Historical Society, Goleta Valley Senior Center, Georgia’s Smokehouse BBQ, Haskell’s Designs, and Marborg Industries.

Important Traffic Safety Tips for Students & Parents

The summer has flown by (again), and school is back in session. Because of that, the Goleta Traffic Unit would like to remind all drivers, students and parents of some important safety measures. We all want our children to have another safe school year.

Goleta has six public schools with over 3,500 students. The motoring public must, therefore, practice safe driving at and near schools and pay extra attention to the roadways due to increased foot and vehicle traffic.

Parents need to discuss bus, pedestrian and bicycle safety with their children in order to prepare them for a safe school year. In addition, parents dropping off their children are reminded to vigilantly obey all traffic laws and exhibit patience when near a school. The Goleta Traffic Unit encourages parents to utilize the  drive-through, drop off zones in front of the schools and/or drop students off near a crosswalk.

In order to promote awareness for back-to-school traffic safety, officers from the Goleta Traffic Unit will be stepping up their patrols at all Goleta schools with emphasis on safety for children. So, keep an eye out for us..                                                                                     

Important Safety Tips for Kids:

• Walk to school with a group of kids and always have a responsible adult walk with you. Always walk on the sidewalk if one is available. 

• If no sidewalk is available, walk facing traffic.

• The safest place to cross is at a street corner or intersection.

• If you are 10 years old or younger, you need to cross the street with an adult. You should not cross by yourself.

• Before you step off the curb to cross the street, stop and look left, look right and look left again to see if cars are coming.

• When no cars are coming, it is safe for you and an adult to cross. But look left-right-left as you do it and hold the adult’s hand.

• Always walk when crossing the street. Never run across the street to catch a ball or chase a toy, a friend or a pet.

• Darting out in front of a parked car is dangerous. The drivers of cars coming down the street can’t see you.

• Cross at corners and use crosswalks whenever possible. Always stay within the lines of the crosswalk.

• Never go for a walk with a stranger. Only walk with someone your parents say is okay.
Be a responsible parent and practice the following good driver tips:

Allow Extra Time:  Do not arrive late or at the last minute. Prepare the night before and leave your house early so you do not need to rush.

• Reduce Speed:  The maximum speed near a school is 25 miles per hour. However, slower speeds are recommended when children are present. Some school areas in Goleta have a maximum speed of 15 mph. Please obey all speed laws because speeding is the number one cause of collisions around schools.

• Obey Stop Signs:  Make a complete stop. Be vigilant. Look for children stepping off the sidewalk.

• No Double Parking:  Double parking impedes traffic flow. Never let a child exit a double-parked vehicle.

• Avoid U-Turns: U-turns near the school cause congestion. Do so only at an intersection (if permitted).

• Do Not Park in a Red Zone:  The curb is red due to safety reasons. Parking in the red zone often obstructs the view of other drivers resulting in a collision with a child or other vehicle.

And always remember to stay alert, stay vigilant and…stay safe!