9/20/2022 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, September 20, 2022
Closed Session – 4:30 P.M.
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
Robert Nisbet, City Manager
Deborah S. Lopez, City Clerk
Megan Garibaldi, City Attorney
4:30 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 4:30 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers A ceves, Kyriaco, and Richards
ABSENT: None
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None
CLOSED SESSION
Megan Garibaldi, City Attorney, read into record closed session matters by title only:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
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Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to two potential cases, including the filing of an amicus curiae ("friend of the court") application for leave to file an amicus curiae brief, and the filing of an amicu s curiae brief, in support of Respondent and Cross -Appellant Save Berkeley's Neighborhoods in the First Appellate District Court of Appeal in the matter of Save Berkeley's Neighborhoods v. The Regents of the University of California, et al. (Case No.
A163810).
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to the provisions of Gover nment 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
RECESS TO CLOSED SESSION AT 4:32 P.M.
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 5:36 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
Megan Garibaldi, City Attorney, reported on closed session matters as follows:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to two potential cases, including the filing of an amicus curiae ("friend of the court") application for leave to file an amicus curiae brief, and the filing of an amicu s curiae brief, in support of Respondent and Cross -Appellant Save Berkeley's Neighborhoods in the First Appellate District Court of Appeal in the matter of Save Berkeley's Neighborhoods v. The Regents of the University of California, et al. (Case No.
A163810).
Action: The City Council authorized the filing of an amicus brief
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
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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
Action: No reportable action
PUBLIC FORUM
Scott Wenz, Cars are Basic, noted Hollister Avenue has a problem with speeding motorists. Mr. Wenz also suggested the City undertake a bicycle analysis.
Peter Jorgenson expressed concerns with the creek bed adjacent to Somerset Drive eroding away and threatening his property.
Kitty Christen, Madlyn Monchomp, and Cecilia Fabulich expressed concerns over the noise and pollution produced by the Santa Barbara Municipal Airport.
Richard Foster expressed opposition to the proposed sales tax measure.
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
A. PRESENTATION
A.1 Proclamation Recognizing September 1-30, 2022, as "Lemon Month" in the City of Goleta
Proclamation Recognizing September 1 -30, 2022, as "Lemon Month" in the City of Goleta
Mayor Perotte presented a Proclamation Recognizing September 1 -30, 2022, as "Lemon Month" in the City of Goleta to Kristen Miller, South Coast Chamber of Commerce.
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.
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Findings to Hold Remote Teleconference -Meetings, Pursuant to Assembly Bill 361
MOTION: Councilmembers Aceves/Kyriaco to 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, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.2 Acceptance of the June 2022 Investment Transaction Report
Accept the investment transaction report for the month of June 2022.
Acceptance of the June 2022 Investment Transaction Report
MOTION: Councilmembers Aceves /Kyriaco to accept the investment transaction report for the month of June 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.3 Acceptance of the July 2022 Investment Transaction Report
Accept the investment transaction report for the month of July 2022.
Acceptance of the July 2022 Investment Transaction Report
MOTION: Councilmembers Aceves /Kyriaco to accept the investment transaction report for the month of July 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 Acceptance of the August 2022 Check Register
Accept the check register for the month of August 2022.
Acceptance of the August 2022 Check Register
MOTION: Councilmembers Aceves/Kyriaco to accept the check register for the month of August 2022.
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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.5 Approval of Plans and Authorization to Advertise for Bids for the Goleta Valley Community Center Seismic Retrofit Project - DIR 4301(CIP #9067)
A. Approve plans for the Goleta Valley Community Center Seismic Retrofit Project - DIR 4301;B. Authorize staff to advertise a Notice Inviting Bids for the Goleta Valley Community Center Seismic Retrofit Project - DIR 4301; and C. Authorize a budget transfer of $2,455,580 from the General Fund Construction Account for the ADA Improvements Project to the General Fund Construction Account for the Seismic Improvements Project.
Approval of Plans and Authorization to Advertise for Bids for the Goleta Valley Community Center Seismic Retrofit Project - DIR 4301(CIP #9067)
MOTION: Councilmembers Aceves /Kyriaco to A. Approve plans for the Goleta Valley Community Center Seismic Retrofit Project - DIR 4301; B. Authorize staff to advertise a Notice Inviting Bids for the Goleta Valley Community Center Seismic Retrofit Project - DIR 4301; and C. Authorize a budget transfer of $2,455,580 from the General Fund Construction Account for the ADA Improvements Project to the General Fund Construction Account for the S eismic Improvements 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.6 Updated and New Speed Surveys
Adopt Resolution No. 22 -_____ entitled, "A Resolution of t he City Council of the City of Goleta, California, Establishing Speed Limits at Various Locations Throughout the City."
Updated and New Speed Surveys
MOTION: Councilmembers Aceves /Kyriaco to adopt Resolution No. 22 -47 entitled, "A Resolution of the City Council of the City of Goleta, California, Establishing Speed Limits at Various Locations Throughout the City."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
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B.7 Professional Services Agreement for Environmental Consulting Services with Rincon Consultants, Inc. for the Ellwood Beach Drive Drainage Repair Project (CIP #9119)
A. Authorize the City Manager to execute a Professional Design Services Agreement for Environmental Consulting Services with Rincon Consultants, Inc. for the Ellwood Beach Drive Dr ainage Repair Project, for a total contract not -to- exceed amount of $90,000, with an expiration date of December 31, 2023; and B. Authorize an additional budget appropriation in the amount of $40,000 from General Fund Unassigned Balance to the Ellwood Beac h Drive Drainage Repair Account.
Professional Services Agreement for Environmental Consulting Services
MOTION: Councilmembers Aceves /Kyriaco to A. Authorize the City Manager to execute a Professional Design Services Agreement for Environmental Consulting Services with Rincon Consultants, Inc. for the Ellwood Beach Drive Drainage Repair Project, for a total contract not-to-exceed amount of $90,000, with an expiration date of December 31, 2023; and B. Authorize an additional budget appropriation in the amount of $40,000 from General Fund Unassigned Balance to the Ellwood Beach Drive Drainage Repair Account.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B.8 Temporary On-Street Parking Restrictions for the 2022 Isla Vista Halloween Event
Adopt Resolution No. 22- entitled, "A Resolution of the City Council of the City of Goleta, California Establishing Temporary Resident Only On -Street Parking Restrictions Related to the 2022 Isla Vista Halloween Event."
Temporary On-Street Parking Restrictions for the 2022 Isla Vista Halloween Event
MOTION: Councilmembers Aceves /Kyriaco to adopt Resolution No. 22 -48 entitled, "A Resolution of the City Council of the City of Goleta, California Establishing Temporary Resident Only On -Street Parking Restrictions Related to the 2022 Isla Vista Halloween Event."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
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B.9 Appoint a Visit Santa Barbara Board of Directors Liaison
Approve the mayoral appointment of Roger Aceves as the Visit Santa Barbara Board of Directors Liaison.
Appoint a Visit Santa Barbara Board of Directors Liaison
MOTION: Councilmembers Aceves/Kyriaco to approve the mayoral appointment of Roger Aceves as the Visit Santa Barbara Board of Directors Liaison.
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 Fiscal Year 2021/22 Fourth Quarter (Year -End) Financial Review (Unaudited)
Adopt Resolution No. 22-__ entitled, "A Resolution of the City Council of the City of Goleta, California, Amending the City of Goleta's Operating and CIP Budget for Fiscal Year 2021/22."
Fiscal Year 2021-22 Fourth Quarter (Year-End) Financial Review (Unaudited)
MOTION: Councilmembers Aceves /Kyriaco to adopt Resolution No. 22 -49 entitled, "A Resolution of the City Council of the City of Goleta, California, Amending the City of Goleta's Operating and CIP Budget for Fiscal Year 2021/22."
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 Amendment No. 2 to Law Enforcement Services Agreement with Santa Barbara County
Approve and authorize the Mayor to execute Amendment No. 2 to the Law Enforcement Services Agreement Between the City of Goleta and the County of Santa Barbara
Amendment No. 2 to Law Enforcement Services Agreement with Santa Barbara County
MOTION: Councilmembers Aceves /Kyriaco to approve and authorize the Mayor to execute Amendment No. 2 to the Law Enforcement Services Agreement Between the City of Goleta and the County of Santa Barbara
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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.
RECESS CITY COUNCIL AND CONVENE GOLETA RDA SUCCESSOR AGENCY The City Council recessed to the RDA Successor Agency Meeting at 6:11 P.M.
ADJOURN GOLETA RDA SUCCESSOR AGENCY AND RECONVENE CITY
COUNCIL
The City Council reconvened the City Council Meeting at 6:14 P.M.
C. PUBLIC HEARING
C.1 Proposed Development Agreement for Fairview Business Associates/Torridon at 420, 430, & 4 90 S Fairview Avenue, APNs 071 -130- 057, -062, -061; Case No. 21-0002-ORD
A. Consider whether findings can be made to enter into the development agreement; and, if so, then B. Introduce and conduct the first reading (by title only) and waive further readi ng of Ordinance No. 22 - ___, entitled "An Ordinance of the City Council of the City of Goleta, California, Approving a Development Agreement setting the term of the final Design Review Board approval of 25 future parking spaces to the term of the Developm ent Agreement and accepting an easement for 35 public parking spaces at 420, 430, & 490 S.
Fairview Avenue, Case No. 21-0002-ORD."
Proposed Development Agreement for Fairview Business Associates/Torridon at 420, 430, & 490 S Fairview Avenue, APNs 071-130-057, -062, -061; Case No. 21- 0002-ORD
Staff Speakers:
Kathy Allen, Supervising Senior Planner
Travis Lee, Associate Planner, provided a presentation to the City Council titled, "Proposed Development Agreement for Fairview Business Associates/Torridon at 420, 430, & 490 S Fairview Avenue, APNs 071-130-057, -062, -061; Case No. 21- 0002-ORD," dated September 20, 2022 (presentation on file).
Nina Buelna, Assistant Public Works Director
Winnie Cai, Assistant City Attorney
Arnold Brier, General Counsel, Yardi Systems
OPENED THE PUBLIC HEARING AT 6:16 P.M.
Speakers:
None
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CLOSED THE PUBLIC HEARING AT 6:42 P.M.
MOTION: Councilmembers Richards /Kyriaco to introduce and conduct the first reading (by title only) and waive further reading of Ordinance No. 22 - ___, entitled "An O rdinance of the City Council of the City of Goleta, California, Approving a Development Agreement setting the term of the final Design Review Board approval of 25 future parking spaces to the term of the Development Agreement and accepting an easement for 35 public parking spaces at 420, 430, & 490 S. Fairview Avenue, Case No. 21-0002-ORD."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
C.2 Public Hearing to Approve Mitigated Negative Declaration and Development Plan for the San Jose Creek Multipurpose Path Project
A. Open a public hearing to take verbal and written testimony; and B. After considering the evidence presented during the public hearing, adopt Resolution No. 22____ entitled "A Resolution of the City Council of the City of Goleta, California, Adopting the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Approving the Development Plan for the San Jose Creek Multipurpose Path. Project Located Along San Jose Creek and State Route 217 right of way and Assessor Parcel Numbers 071 -035-CA, 071- 090-048, 071 -090-047, 071 -090-074, 071 -090-083, 071 -010-010, 071 -090-082, 069-160-013, 071-200-011 and 071-140-055, from Calle Real to the Atascadero Bike Path; CASE NO. 22-0007-DP."
Public Hearing to Approve Mitigated Negative Declaration and Development Pl an for the San Jose Creek Multipurpose Path Project
Public Comment Received
Councilmembers Kyriaco and Richards recused themselves from the dais as they live in close proximity to the project.
Staff Speakers:
Nina Buelna, Assistant Public Works Director Teresa Lopes, Senior Project Manager, provided a presentation titled "Proposed Development Agreement for Fairview Business Associates/Torrid on at 420, 430, & 490 S Fairview Avenue, APNs 071 -130-057, -062, -061; Case No. 21 -0002-ORD" dated September 20, 2022 (presentation file).
Laura Bridley, Contract Planner
Winnie Cai, Assistant City Attorney
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Christa Redd, Dewberry Engineers
OPENED THE PUBLIC HEARING AT 7:43 P.M.
Speakers:
Scott Wenz and Cecilia Brown raised concerns with the proposed project and process.
Ken Knight raised concerns for not consulting an arborist during the design phase and the proposals removing mature trees.
Jan Chyt ilo, Jason Chapman, Mark Preston expressed support for staff recommendation.
All comments received were posted online:
Daniel Mccarter, Barry Remis, Heather Deutsch, Nancy Mulholland, Cecilia Brown, Ken Knight, Bob Wignot, Jerry Plowman
The City Council directed staff to reduce the number of trees being removed, identify all trees and loss of habitat and to provide an approximation of costs above the grant funding, and how the City would locate additional funding.
MOTION: Councilmember Aceves /Mayor Pro Tempore Kasdin to continue this item until the October 4, 2022 City Council meeting.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmember Aceves Noes: None. Recused: Councilmembers Kyriaco and Richards.
RECESS 8:17 P.M. -8:22 P.M.
C.3 Community Development Block Grant 2021 -2022 Consolidated Annual Performance and Evaluation Report
Accept the Community Development Block Grant 2021 -2022 Consolidated Annual Performance and Evaluation Report and authorize staff to submit it to the U.S. Department of Housing and Urban Development.
Community Development Block Grant 2021 -2022 Consolidated Annual Performance and Evaluation Report
Staff Speakers:
Jaime Valdez, Neighborhood Services Director
Shanna Dawson, Management Analyst
OPENED THE PUBLIC HEARING AT 8:31 P.M.
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Speakers:
None
CLOSED THE PUBLIC HEARING AT 8:44 P.M.
MOTION: Councilmembers Kyriaco /Aceves to accept the Community Development Block Grant 2021 -2022 Consolidated Annual
Performance and Evaluation Report and authorize staff to submit it to the U.S. Department of Housing and Urban Development.
VOTE: Motion approved by the following roll call vote: A yes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Councilmember Kyriaco requested Council concurrence to receive updates on scheduling a Santa Barbara Municipal Airport Workshop, Councilmember Richards concurred.
Councilmember Richards announced he will attend the Central Coast Community Energy Policy Meeting on September 21, 2022, and announced attending a Finance and Audit Standing Committee on September 12, 2022; an Ellwood Butterfly Workshop on September 21, 2022; a Creek Clean up on September 17, 2022; A Foodbank Foodshare Festival on September 17, 2022; a BEACON (Beach Erosion Aut hority for Clean Oceans and Nourishments. Councilmember Richards mourned the passing of Carmen Ramirez, Ventura County Board of Supervisors.
E. CITY MANAGER/STAFF REPORT
Robert Nisbet, City Manager, announced the Lemon Festival will be held on September 24-25, 2022 at Girsh Park and the Hollister Avenue Interim Striping Plan Community Meeti ng would be September 29, 2022 at 6:00 P.M. at the Goleta Community Center.
F. CITY ATTORNEY REPORT
None
ADJOURNED AT 8:54 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK
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