Tuesday, August 16, 2022
Closed Session - 4:00 P.M.
Regular Meeting - 5:30 P.M.
City Hall
130 Cremona Dr.
Goleta, CA
This will be a hybrid virtual/in-person meeting in Council Chambers/Zoom State/local officials continue to recommend measures to promote social distancing
City Council
Mayor Paula Perotte
Mayor Pro Tempore Stuart Kasdin
Councilmember Roger Aceves
Councilmember James Kyriaco
Councilmember Kyle Richards
Agenda
Michelle Greene, City Manager
Megan Garibaldi, City Attorney
Deborah S. Lopez, City Clerk
Members of the City Council
August 16, 2022City Council Agenda
PUBLIC PARTICIPATION
Speaking at the Meeting - Submit an email to the City Council meeting to [email protected] which states the item you want to speak to and provide your name, email and phone number.
FOR CLOSED SESSION PARTICIPATION
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• Email cityclerkgroup@cityofgoleta .org to be added to the speaker list. Please state your name, your phone number and indicate which closed session item you would like to speak on. • Dial-in 10 minutes prior to the start of the meeting (3:50 pm): Toll-Free Dial -in: ( 866)580- 6521, Participant passcode: 72295187 then #
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August 16, 2022City Council Agenda
ADDITIONAL PUBLIC PARTICIPATION ALTERNATIVES:
Distribution to the City Council - Submit your comment via email to the City Clerk at:[email protected]. Your comment will be placed into the record and distributed appropriately.
AMERICANS WITH DISABILITIES ACT:
In compliance with the ADA, if assistance is needed to participate in a City Council meeting (including assisted listening devices ), please contact the City Clerk's office at (805) 961-7505.
Notification at least 72 hours prior to the meeting helps to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
TELEVISION COVERAGE:
Each regular City Council meeting is broadcast live on Goleta City TV Cox Communications Channel 19 on the 1st and 3rd Tuesdays and rebroadcast on Wednesdays and Saturdays at 10:00 a.m. and 5:00 p.m.
WEB STREAMING:
Live or archived webstreaming of the City Council meetings is available at https://cityofgoleta.org/goletameetings
WRITTEN SUBMITTALS TO COUNCIL:
Written submittals concerning agenda items may be sent to the City Clerk email:[email protected]; or mail: Attn: City Council and City Clerk at 130 Cremona Drive, Goleta, California 93117.
4:00 P.M. - CLOSED SESSION
CALL TO ORDER
ROLL CALL OF CITY COUNCIL
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS
CLOSED SESSION
Pursuant to the provisions of Government Code Section 54956.9 (a), the City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
August 16, 2022City Council Agenda
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to the provisions of Government Code Section 54956.9(d)1 to confer with its legal counsel with regard to the following matter of pending litigation:
• City of Goleta v. Regents of the University of California, et al ., Santa Barbara County Superior Court, Case No. 21CV04854
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to the provisions of Government Code Section 54956.9(d)1 to confer with its legal counsel with regard to the following matter of pending litigation:
• City of Goleta and People of the State of California v. Thornwood Real Estate LLC and John Lund, Santa Barbara County Superior Court, Case No. 22CV02572 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter:
Property: 5515 Hollister Avenue, Goleta CA 93117. APN # 071-140-064 Agency Negotiator: Michelle Greene, City Manager
Negotiating Party: Steven Giorgi
Under Negotiations: Price and Terms
RECESS TO CLOSED SESSION
August 16, 2022City Council Agenda
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL
REPORT FROM CLOSED SESSION
PUBLIC FORUM
At this time the public shall have an opportunity to comment on any non -agenda item relevant to the jurisdiction of the City. Reasonable time limits are imposed on each topic and each speaker .
In accordance with the provisions of the Ralph M. Brown Act (GC § 54950 et seq .), no action or discussion may take place by the Council on any item not on the posted agenda. The Council may respond to statements made or questions asked, and may direct the staff to report back on the topic at a future meeting.
AMENDMENTS OR ADJUSTMENTS TO AGENDA
A. PRESENTATION
Michelle Greene, City Manager RecognitionA.1 22-369
Appreciation to Ben Sandu, Community Resource Deputy and Introduction of the Incoming Community Resource Deputy
A.2 22-376
B. CONSENT CALENDAR
Findings to Hold Remote Teleconference /Meetings, Pursuant to Assembly Bill 361
B.1 22-356
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.
Recommendation:
Megan Garibaldi, City Attorney
Winnie Cai, Assistant City Attorney
Staff:
August 16, 2022City Council Agenda
Approval of the City Council Meeting Minutes of May 3, 2022, City Council Meeting Minutes of June 7, 2022, City Council Meeting Minutes of June 21, 2022, Special City Council Meeting Minutes of June 28, 2022, Special City Council Meeting Minutes of July 14, 2022 and the City Council Meeting Minutes of July 19, 2022 B.2 22-379
Approve the City Council Meeting Minutes of May 3, 2022, City Council Meeting Minutes of June 7, 2022, City Council Meeting Minutes of June 21, 2022, Special City Council Meeting Minutes of June 28, 2022, Special City Council Meeting Minutes of July 14, 2022 and the City Council Meeting Minutes of July 19, 2022.
Recommendation:
Deborah S. Lopez, City ClerkStaff:
Acceptance of the July 2022 Check RegisterB.3 22-365
Accept the check register for the month of July 2022.Recommendation:
Luke Rioux, Finance DirectorStaff:
Title 17 (Zoning) Ordinance Amendments for Electronic
Changeable Copy Signs: Second Reading (Case No .
22-0001-ORD)
B.4 22-283
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, California, Adopting Amendments to Title 17 of the Goleta Municipal Code for Electronic Changeable Copy Signs”
Recommendation:
Peter T. Imhof, Planning and Environmental Review Director Anne Wells, Advance Planning Manager
J. Ritterbeck, Senior Planner
Andy Newkirk, Senior Planner
Staff:
August 16, 2022City Council Agenda
Amendment 2 to Professional Services Agreement 2022-043 for Contract Interim Code Compliance Staff between the City of Goleta and Willdan Engineering
B.5 22-339
Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement 2022-043 between the City of Goleta and Willdan Engineering to continue with the provision of interim code compliance staffing, extending the term to November 5, 2022, and increasing the amount of the agreement by $ 30,000, for a not -to-exceed amount of $74,000.
Recommendation:
Peter Imhof, Planning and Environmental Review Director Lisa Prasse, Current Planning Manager
Staff:
Award of Five -Year Contract for the Provision of Processed Audiovisual Materials, Cataloging and Processing Services to the Goleta, Solvang and Buellton Valley Libraries
B.6 22-324
Authorize the City Manager to execute a Professional Services Agreement between the City of Goleta and Midwest Tape for Audio and Visual Materials Processing Services, for a total not to exceed amount of $225,500 at $45,100 per year, with a termination date of June 30, 2027.
Recommendation:
Jaime A. Valdez, Director of Neighborhood Services
Allison Gray, Library Director
Shanna Dawson, Management Analyst
Staff:
August 16, 2022City Council Agenda
Award of Construction Contract for the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project (Project No. 9099)
B.7 22-367
A. Authorize the City Manager to execute a construction contract with J&H Engineering General Contractors, Inc. ( J&H) for the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project in the not-to-exceed amount of $464,332, subject to the requirements of the contract documents;
B. Authorize the City Manager to approve contract change orders for the Crosswalk at Calle Real /Fairview Center - Pedestrian Hybrid Beacon Project, if necessary, in an amount not to exceed $93,000; and C. Authorize an additional budget appropriation and revenue adjustment of $300,000 from Priority Legislative Budget Projects (PLBP) SB170 Funds (311) and appropriation of $92,705 from the Measure A (205) fund balance to the Crosswalk at Calle Real /Fairview Center - Pedestrian Hybrid Beacon Project, Project No. 9099, account.
Recommendation:
Charles W. Ebeling, Public Works Director
Debbie Talarico, Project Manager
Staff:
August 16, 2022City Council Agenda
Award Construction Contract for the 2022-2023 Pavement
Rehabilitation Project
B.8 22-368
A. Authorize the City Manager to execute a Construction Contract with Granite Construction Company, Inc. for the 2022-2023 Pavement Rehabilitation Project in the not -to-exceed amount of $4,550,000, subject to the requirements of the contract documents;
B. Authorize the City Manager to approve contract contingency for the 2022-2023 Pavement Rehabilitation Project, if necessary, in an amount not-to-exceed $910,000;
C. Award and authorize the City Manager to execute a Professional Design Services Agreement with Cannon Corporation in an amount not-to-exceed $450,000 for Construction Management and Inspection services with a termination date of December 31, 2023; and D. Authorize an additional budget appropriation of $2,200,000 from the General Fund Street Maintenance Reserve Account the Pavement Rehabilitation Maintenance Account 101-5800-51073.
Recommendation:
Charles Ebeling, Public Works Director
Debbie Talarico, Project Manager
Staff:
Status Report on Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project
B.9 22-354
A. Receive an update on the Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project; and
B. Authorize the City Manager to execute Guaranteed Letters of Payment for the construction and monitoring phases of the San Jose Creek Channel Fish Weir Modification Project, as a condition of the California Department of Fish and Wildlife permit required for the Hollister Avenue Bridge Project.
Recommendation:
Charles W. Ebeling, Public Works Director
Gerald Comati, Project Manager
Staff:
August 16, 2022City Council Agenda
Ellwood Mesa Monarch Butterfly Habitat Management Plan Update and Amendments to Professional Design Services Agreements (Project No. 9112).
B.10 22-358
A. Receive a status update on the Ellwood Mesa Monarch Butterfly Habitat Management Plan;
B. Approve and authorize the City Manager to execute Amendment No. 1 to Agreement 2021-057 with RRM Design Group for landscape architecture, civil engineering, graphic design, and project management assistance, increasing the contract amount by $233,400 for a new total not -to-exceed amount of $421,400 and with a termination date of June 30, 2025;
C. Approve and authorize the City Manager to execute Amendment No. 1 to Agreement 2021-056 with Althouse and Meade, Inc ., for butterfly aggregation site assessments and habitat enhancement
recommendations, increasing the contract amount by $261,754 for a new total not -to-exceed amount of $506,754 and with a termination date of June 30, 2025; and
D. Authorize the City Manager to execute Amendment No. 1 to Agreement 2021-063 with Rincon Consultants, Inc ., for biologist, arborist, and permitting services, increasing the contract amount by $566,511 for a new total not -to-exceed amount of $724,511 and with a termination date of June 30, 2025.
Recommendation:
Charles W. Ebeling, Public Works Director
George Thomson, Parks and Open Space Manager
Staff:
County ReSource Center Procurement Benefits Sharing Plan for Anerobic Digestion Facility
B.11 22-353
Approve and authorize the City Manager to execute a Memorandum of Understanding titled the “Santa Barbara County ReSource Center SB 1383 Procurement Benefits Sharing Plan for the Anerobic Digestion Facility” between the County of Santa Barbara and the cities of Buellton, Goleta, Santa Barbara, and Solvang.
Recommendation:
Charles W. Ebeling, Public Works Director
Melissa Nelson, Environmental Services Coordinator
Staff:
August 16, 2022City Council Agenda
Designation of City Council Delegates for the Cal Cities Annual Conference
B.12 22-377
Designate James Kyriaco as the voting delegate and Stuart Kasdin as the alternate delegate to represent the City of Goleta at the Cal Cities 2022 Annual Business Meeting.
Recommendation:
Michelle Greene, City Manager
Ryan Kintz, Assistant to the City Manager
Deborah S. Lopez, City Clerk
Staff:
C. PUBLIC HEARING
Proposed Amendment to Development Agreement for
SyWest/Goleta Gardens LLC, 907 South Kellogg Avenue, APN 071-190-035; Case No. 22-0003-ORD
C.1 22-357
Introduce and conduct the first reading (by title only) and waive further reading of Ordinance No. 22- ___, entitled “An Ordinance of the City Council of the City of Goleta, California, Approving a Development Agreement Amendment to Provide that the Term of the Development Agreement Must Not Extend Beyond the Date the City Receives a Certified Local Coastal Program or December 31, 2023 Whichever Occurs First; 907 S. Kellogg Avenue; Case No. 22-0003-ORD.” Recommendation:
Peter Imhof, Planning and Environmental Review Director Lisa Prasse, Current Planning Manager
Kathy Allen, Supervising Senior Planner
Staff:
30 minutesEstimated Time:
D. DISCUSSION/ACTION ITEM
Stow Grove Park Design UpdateD.1 22-330
Authorize staff to move forward with the development of a Draft Master Plan for Stow Grove Park, including the creation of two or more preliminary plans for new, expanded and /or renovated active and passive recreational park amenities, with at least one plan designed to minimize impacts to habitat values or sensitive species associated with the Environmentally Sensitive Habitat Areas of the park.
Recommendation:
Jaime A. Valdez, Neighborhood Services Director
JoAnne Plummer, Parks and Recreation Manager
Staff:
60 minutesEstimated Time:
August 16, 2022City Council Agenda
First Reading of Ordinance Entitled Plastic Waste Reduction Regulations to Address Single-Use Plastics and Polystyrene D.2 22-333
A. Introduce and conduct the first reading by title only, waiving further reading of Ordinance No. 22-__ entitled “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 8.18, Entitled 'Plastic Waste Reduction Regulations' to Address Single -Use Plastics and Polystyrene in the Goleta Municipal Code”
B. Direct staff to file a Notice of Exemption for the proposed ordinance.
Recommendation:
Peter Imhof, Planning and Environmental Review Director Dana Murray, Sustainability Manager
Stephanie Holmes, CivicSpark Fellow
Angeline Foshay, Management Assistant
Staff:
90 minutesEstimated Time:
Consideration of Ordinance to Require the Safe Storage of Firearms in a Residence
D.3 22-373
Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 22-__ entitled “An Ordinance of the City Council of the City of Goleta, California Adding Chapter 9.09 to Title 9 of the Goleta Municipal Code to Require the Safe Storage of Firearms in a Residence” Recommendation:
Megan Garibaldi, City AttorneyStaff:
45 minutesEstimated Time:
E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
• 08/01/2022 City Hall Facilities Standing Committee Meeting F. CITY MANAGER/STAFF REPORT
G. CITY ATTORNEY REPORT