6/7/2022 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, June 07, 2022
Closed Session – 4:00 PM
Regular Session - 5:30 PM
City Hall
130 Cremona Drive
Goleta, California
This will be a hybrid virtual/in-person meeting in Council Chambers/Zoom State/local officials continue to recommend measures to promote social distancing
Members of the City Council
Paula Perotte, Mayor
Stuart Kasdin, Mayor Pro Tempore
Roger S. Aceves, Councilmember
James Kyriaco, Councilmember
Kyle Richards, Councilmember
Michelle Greene, City Manager
Deborah S. Lopez, City Clerk
Megan Garibaldi, City Attorney
4:00 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 4:00 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards
ABSENT: None
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None
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CLOSED SESSION
Megan Garibaldi, City Attorney, read into record closed session matters by title only:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
Significant exposure to litigation pursuant to the provisions of Government Code Section 54956.9(d)(2) and (e)(3) with regard to one potential case. See attached letter from Robert Shaffer, General Counsel for Security Paving Company, Inc. dated February 22, 2022, which is also available for public inspection at the City Clerk's office at 130 Cremona Drive, Goleta, during normal City Hall business hours.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to two potential cases.
RECESS TO CLOSED SESSION AT 4:03 P.M.
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 5:32 P.M. , followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers A ceves, Kyriaco, and Richards
ABSENT: None
REPORT FROM CLOSED SESSION OF MAY 17, 2022, MAY 31, 2022 AND JUNE 1, 2022
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - MAY 17, 2022 CITY COUNCIL AGENDA
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to two potential cases.
Action: The City Council approved a settlement agreement with Hidden Trails.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - MAY 31, 2022 SPECIAL CITY COUNCIL AGENDA
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Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case.
Action: No reportable action
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to the provisions of Government Code Section 54956.9(d)(2) and (e)(3) with regard to one potential case. See attached letter from Robert Shaffer, General Counsel for Security Paving Company, Inc. dated February 22, 2022, which is also available for public inspection at the City Clerk's office at 130 Cremona Drive, Goleta, during normal City Hall business hours.
Action: No reportable action
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to two potential cases.
Action: No reportable action
PUBLIC FORUM
None
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
A. PRESENTATION
A.1 Proclamation Declaring June 16, 2022 as "Fiesta Ranchera Day" in the City of Goleta Certif icate of Recognition Recognizing the Spirit of Fiesta, Tara MataCertificate of Recognition Recognizing the Junior Spirit of Fiesta, Layla Gocong
Proclamation Declaring June 16, 2022 as "Fiesta Ranchera Day" in the City of Goleta and Certificates of Recognition
Mayor Perotte provided a Proclamation to La Presidente Maria Cabrera, Declaring June 16, 2022 as "Fiesta Ranchera Day" in the City of Goleta, a Certificate of Recognition Recognizing the Spirit of Fiesta, Tara Mata and a Certificate of Recognition Recognizing the Junior Spirit of Fiesta, Layla Gocong
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B. CONSENT CALENDAR
B.1 Findings to Hold Remote Teleconference/Meetings, Pursuant to Assembly Bill 361
In accordance with Assembly Bill 361 ("AB 361"), authorize remote teleconference/virtual meetings of all City of Goleta legislative bodies, by finding that: (1) a statewide state of emergency is currently in place; and (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.
Findings to Hold Remote TeleconferenceMeetings, Pursuant to Assembly Bill 361
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin in accordance with Assembly Bill 361 ("AB 361"), authorize remote teleconference/virtual meetings of all City of Goleta legislative bodies, by finding that: (1) a statewide state of emergency is currently in place; and (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmem bers Aceves, Kyriaco, and Richards. Noes: None.
B.2 Ordinance Related to Electronic Filing and Administration of Fair Political Practices Com mission (FPPC) Campaign Disclosure Statements and Statement of Economic Interests Forms
Conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 22 -__, entitled, "An Ordinance of the City Council of the City of Goleta, Calif ornia Adding a New Chapter 2.18 (Electronic Filing) to Title 2 (Administration and Personnel) of the Goleta Municipal Code Relating to Electronic Filing of Campaign Statements and Statements of Economic Interests."
Ordinance Related to Electronic Filing and Administration of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements and Statement of Economic Interests Forms
MOTION: Councilmember Richards/Mayor Pro Tempore Kasdin to conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 22-08, entitled, "An Ordinance of the City Council of the City of Goleta, California Adding a New Chapter 2.18 (Electronic Filing) to Title 2 (Administration and Personnel) of the Goleta Municipal Code Relating to Electronic Filing of Campaign Statements and Statements of Economic Interests."
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VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.3 Acceptance of the April 2022 Investment Transaction Report
Accept the investment transaction report for the month of April 2022.
Acceptance of the April 2022 Investment Transaction Report
MOTION: Councilmember Richards/Mayor Pro Tempore Kasdin to accept the investment transaction report for the month of April 2022.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.4 Letter of Support for Vandenberg Space Force Base as the Location of Space Force Space Training and Readiness Command Headquarters
Authorize the Mayor to sign a letter of support for Vandenberg Space Force Base as the Location of Space Force Space Training and Readiness Command Headquarters.
Letter of Support for Vandenberg Space Force Base as the Location of Space Force Space Training and Readiness Command Headquarters
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to authorize the Mayor to sign a letter of support for Vandenberg Space Force Base as the Location of Space Force Space
Training and Readiness Command Headquarters.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.5 Approval of 2022-2023 Community Development Block Grant (CDBG) Final Action Plan
Approve the final 2022 -2023 Community Development Block Grant Action Plan and authorize submittal to the U.S. Department of Housing and Urban Development , subject to staff making any edits requested by City Council.
Approval of 2022-2023 Community Development Block Grant (CDBG) Final Action Plan
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MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to approve the final 2022 -2023 Community Development Block Grant Action Plan and authorize submittal to the U.S.
Department of Housing and Urban Development, subject to staff making any edits requested by City Council.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.6 Amendment No.2 to Professional Service Agreement No. 2020 -020 with Paradigm Pictures for Video Production Services.
Approve and authorize the City Manager to execute Amendment No. 2 to Agreement No.2020-020 with Paradigm Pictures for Video Production Services increasing the contract amount by $43,000 for a new total not -to-exceed amount of $8 4,500 subject to the approval of the Fiscal Year 2022 -23 Budget and extending the term through June 30, 2023.
Amendment No.2 to Professional Service Agreement No. 2020-020 with Paradigm Pictures for Video Production Services.
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to approve and authorize the City Manager to execute Amendment No. 2 to Agreement No.2020 -020 with Paradigm Pictures for Video Production Services increasing the c ontract amount by $43,000 for a new total not-to-exceed amount of $84,500 subject to the approval of the Fiscal Year 2022-23 Budget and extending the term through June 30, 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.7 Environmental Services Professional Service Agreements for Fiscal Year 2023
A. Authorize the City Manager to execute Professional Services Agreement with Solid Waste Solutions, Inc. (SWS) for Solid Waste and Recycling Program Management services, for a total not -to-exceed amount of $165,000 and termination date of June 30, 2025; andB. Authorize the City Manager to execute Amendment 2 to Professional Services Agreement No. 2021 -008 with MNS Engineers Inc. (MNS), for Stormwater Engineering Services for Construction Project Review, to increase compensation by $185,000 for a new total not -to- exceed amount of $393,000 and to extend the termination date to June 30, 2023.
Environmental Services Professional Service Agreements for Fiscal Year 2023
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MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to A.
Authorize the City Manager to execute Professional Services Agreement with Solid Waste Solutions, Inc. (SWS) for Solid Waste and Recycling Program Management services, for a total not-to-exceed amount of $165,000 and termination date of June 30, 2025; and B. Authorize the City Manager to execute
Amendment 2 to Professional Services Agreement No. 2021-008 with MNS Engineers Inc. (MNS), for Stormwater Engineering Services for Construc tion Project Review, to increase
compensation by $185,000 for a new total not-to-exceed amount of $393,000 and to extend the termination date to June 30, 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore K asdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.8 Approval of Plans and Specifications, and Authorization to Advertise for Bids for the 2022-2023 Pavement Rehabilitation Project
A. Approve Plans and Specifications for the 2022-2023 Pavement Rehabilitation Project; and B. Authorize staff to advertise a notice inviting bids for the 2022 - 2023 Pavement Rehabilitation Project.
Approval of Plans and Specifications, and Authorization to Advertise for Bids for the 2022-2023 Pavement Rehabilitation Project
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to A.
Approve Plans and Specifications for the 2022 -2023 Pavement Rehabilitation Project; and B. Authorize staff to advertise a notice inviting bids for the 2022-2023 Pavement Rehabilitation Project.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.9 Award of Agreement for Citywide Annual Replacement of Traffic Striping and Pavement Markings for Fiscal Years 2022 through 2026
Authorize the City Manager to execute a multi -year General Services Agreement with Toro Enterprises Inc. for Citywide Annual Replacement of Traffic Striping and Pavement Markings for Fiscal Years 2022/23 through 2025/26, for a total contract amount not -to-exceed $400,000.00 over four years, with a termination date of June 30, 2026.
Award of Agreement for Citywide Annual Replacement of Traffic Striping and Pavement Markings for Fiscal Years 2022 through 2026
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MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to authorize the City Manager to execute a multi -year General Services Agreement with Toro Enterprises Inc. for Citywide Annual Replacement of Traffic Striping and Pavement Markings for Fiscal Years 2022/23 through 2025/26, for a total contract amount not -to-exceed $400,000.00 over four years, with a termination date of June 30, 2026.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.10 Award of an Agreement for Tree Trimming and Tree Maintenance Services for Parkway Strips and Facilities with West Coast Arborist, Inc.
Authorize the City Manager to execute a multi -year General Services Agreement with West Coast Arborist, Inc. for Tree Trimming and Tree Maintenance Services for Parkway Strips and Facilities in an amoun t of $250,000 per fiscal year with a term of four (4) years, with the City's option to extend the contract for two (2) additional one (1) year terms, for a total of up to six (6) years and a maximum total contract amount not-to-exceed $1,500,000.
Award of an Agreement for Tree Trimming and Tree Maintenance Services for Parkway Strips and Facilities with West Coast Arborist, Inc.
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to authorize the City Manager to execute a multi -year General Services Agreement with West Coast Arborist, Inc. for Tree Trimming and Tree Maint enance Services for Parkway Strips and Facilities in an amount of $250,000 per fiscal year with a term of four (4) years, with the City's option to extend the contract for two (2) additional one (1) year terms, for a total of up to six (6) years and a maxi mum total contract amount not -to-exceed $1,500,000.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.11 Annual Financial Report of the City of Goleta's Development Impact Fees for Fiscal Year 2020-21
Adopt Resolution 22 -__ entitled "A Resolution of the City Council of the City of Goleta, California, Approving the Annual Development Impact Fee Financial Reports."
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Annual Financial Report of the City of Goleta's Development Impact Fees for Fiscal Year 2020-21
MOTION: Councilmember Richards/Mayor Pro Tempore Kasdin to adopt Resolution 22-22 entitled "A Resolution of the City Council of the City of Goleta, California, Approving the Annual Development Impact Fee Financial Reports."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.12 List of Projects for Fiscal Year 2022/2023 Funded by The Road Repair and Accountability Act (SB1)
Adopt Resolution No. 22-__ entitled, "A Resolution of the City Council of the City of Goleta, California, Adopting a List of Projects for Fiscal Year 2022/2023 Funded by Senate Bill 1 - The Road Repair and Accountability Act."
List of Projects for Fiscal Year 2022 -2023 Funded by The Road Repair and Accountability Act (SB1)
MOTION: Councilmember Richards/Mayor Pro Tempore Kasdin to adopt Resolution No. 22-23 entitled, "A Resolution of the City Council of the City of Goleta, California, Adopting a List of Projects for Fiscal Year 2022/2023 Funded by Senate Bill 1 - The Road Repair and Accountability Act."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembe rs Aceves, Kyriaco, and Richards. Noes: None.
B.13 Request for Tenant Improvements at the Goleta Community Center to Paint and Install Art along a Fence
Support the request for the proposed project to paint and install art along a fence at the Goleta Community Center, adjacent to the multi-purpose field.
Request for Tenant Improvements at the Goleta Community Center to Paint and Install Art along a Fence
MOTION: Councilmember Richards/Mayor Pro Tempore Kasdin to support the request for the proposed project to paint and install art along a fence at the Goleta Community Center, adjacent to the multi - purpose field.
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VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.14 Amendment No. 1 to Professional Design Services Agreement with Anil Verma Associates, Inc. for the Goleta Train Depot
Authorize the City Manager to execute Amendment No. 1 to Professional Design Services Agreement 2019 -042 with Anil Verma Associates (AVA), Inc. for the Goleta Train Depot Project, revising the Scope of Work to include additional design services, adding $375,000 to the compensation thereby increasing the not- to-exceed amount to $2,775,000, and extending the term of agreement by two years to expire on June 30, 2024.
Amendment No. 1 to Professional Design Services Agreement with Anil Verma Associates, Inc. for the Goleta Train Depot
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to authorize the City Manager to execute Amendment No. 1 to Professional Design Services Agreement 2019 -042 with Anil Verma Associates (AVA), Inc. for the Goleta Train Depot Project, revising the Scope of Work to include additional design services, adding $375,000 to the compensation thereby increasing the not- to-exceed amount to $2,775,000, and extending the term of agreement by two years to expire on June 30, 2024.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.15 Ekwill Street and Fowler Road Extensions Project Utility Agreement with Southern California Edison (Project #9002)
Approve and authorize the City Manager to enter into a Utility Agreement with Southern California Edison for the Ekwill Street and Fowler Road Extensions Project.
Ekwill Street and Fowler Road Extensions Project Utility Agreement with Southern California Edison (Project #9002)
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to approve and authorize the City Manager to enter into a Utility Agreement with Southern California Edison for the Ekwill Street and Fowler Road Extensions Project.
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VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves , Kyriaco, and Richards. Noes: None.
C. PUBLIC HEARING
C.1 Hollister Avenue Old Town Interim Striping (Project No. 9114) Project Update, Preferred Alternative Selection and CEQA Exemption
A. Open a public hearing to take verbal and written testimony; and B. Receive a status report on the Hollister Avenue Old Town Interim Striping Project; andC. Approve staff's recommendation of Alternative 3 - Median Angled Parking and Buffered Curbside Bike Lanes as the preferred project alternative and direct staff to move forward with final design and construction phases.D. Adopt Resolution No. 22 -__, entitled "A Resolution of The City Council of The Ci ty of Goleta, California, Approving the Hollister Avenue Old Town Interim Striping Project and Finding CEQA Exemption."
Hollister Avenue Old Town Interim Striping (Project No. 9114) Project Update
Public Comment Received
Staff Speakers:
Charles W. Ebeling, Public Works Director
Derek Rapp, Contract Engineer, Stantec Consulting Services pro vided a presentation titled, "Hollister Avenue Old Town Interim Striping (Project No. 9114) Project Update, Preferred Alternative Selection and CEQA Exemption," dated June 7, 2022 (presentation on file).
OPENED THE PUBLIC HEARING AT 7:47 P.M.
Public Speakers:
Tim Ward, Michael Iza, Robert Bernstein, Transportation Chair, Sierra Club, and Alex Pujo, the Coalition for Sustainable Transportation (COAST) spoke in support of staff recommendation.
Barry Remis, SB Bike Coalition and the Coalition for Sustainab le Transportation (COAST), Scott Wenz, Cars are Basic, Linda Foster, Phebe Mansur, David Pollack, and Robin Cederlof spoke in opposition of staff recommendation.
Ken Alker, Roman Baratiak, Christina Lange, and Jessica Altstatt stated concerns for staff recommendations and made suggestions.
All comments received have been posted online:
Jason Chapman, Pamela Dawson, Bill Kelley, Bonnie Moore, Michael Goldman, Nancy Mulholland, Tanja Reutimann, Teresa Jamison, Tom Modugno, Catherine
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E. Bednar, Ange Hernandez, Maureen McFadden, Kristin Brandt, Cynthia Brock, Robert Gonzalez, Carina Cooter, Brian, Cecilia Brown, Kyle Campbell, Linda Melsher, Phil Unander, Kristen Miller, Christina Lange, Mark Morey, Richard Fuller
CLOSED THE PUBLIC HEARING AT 9:12 P.M.
The City Council provided direction to staff to return to the City Council with additional information.
RECESS 9:14 P.M. - 9:27 P.M.
D. DISCUSSION/ACTION ITEM
D.1 Potential Sales Tax Measure, Public Opinion Polling Results, and Props and Measures Community Outreach Contract Amendment
A. Receive a presentation from Fairbank, Maslin, Maullin, Metz & Associates, Inc. on the results of the April 2022 polling and public opinion research survey related to a possible sales tax measure; B. Provide direction to staff on whether to return to City Council on June 21, 2022 with an ordinance to place a Sales Tax Measure on the ballot for the November 8, 2022 General Election; C. Should Council wish to proceed with a sales tax measure for November 2022, approve and authorize the City Manager to execute Amendment No. 3 to Agreement 2021 -047 for Professional Services with Props and Measures for professional outreach and public relation services increasing the contract amount by $30,000 for a new total not-to-exceed amount of $146,000; and D. Should Council wish to proceed with a sales tax measure for November 2022, approve in concept the ballot measure language presented in this report for inclusion in the ordinance to be considered by the City Council on June 21, 2022.
Potential Sales Tax Measure, Public Opinion Polling Results, and Props and Measures Community Outreach Contract Amendment
Public Comment Received
Staff Speakers:
Kristy Schmidt, Assistant City Manager
Richard Bernard, Consultant, FM3 and Associates, provided a prese ntation titled, "Potential Sales Tax Measure, Public Opinion Polling Results, and Props and Measures Community Outreach Contract Amendment," dated June 7, 2022 (presentation on file).
Public Speakers:
Phebe Mansur spoke in opposition to the proposed sales tax measure.
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All comments received have been posted online:
C Dave Gaughen, Kristen Miller,
MOTION: Councilmember Richards /Mayor Pro Tempore Kasdin to B.
Provide direction to staff on whether to return to City Council on June 21, 2022 with an ordinance to place a Sales Tax Measure on the ballot for the November 8, 2022 General Election; C. approve and authorize the City Manager to execute Amendment No. 3 to Agreement 2021 -047 for Professional Services with Props and Measures for professional outreach and public relation services increasing the contract amount by $30,000 for a new total not -to-exceed amount of $146,000; and D. Approve in concept the ballot measure language presented in this report for inclusion in the ordinance to be considered by the City Council on June 21, 2022.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Kyriaco, and Richards. Noes: Councilmembers Aceves.
E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
None
F. CITY MANAGER/STAFF REPORT
None
G. CITY ATTORNEY REPORT
None
ADJOURNED AT 10:36 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK