10/4/2022 CITY COUNCIL MEETING MINUTES PAGE 1
SPECIAL & REGULAR
CITY COUNCIL
MEETING MINUTES
Tuesday, October 04, 2022
Special Meeting 4:00 P.M.
Regular Meeting 5:30 P.M.
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. - SPECIAL CITY COUNCIL MEETING
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 4:00 P.M., followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Kasdin, Co uncilmember Aceves, Kyriaco, and Richards
ABSENT: None
PUBLIC FORUM
Mayor Perotte moved public forum to the 5:30 P.M. regular session of the City Co uncil meeting.
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AMENDMENTS OR ADJUSTMENTS TO THE AGENDA
None
A. PUBLIC HEARING - This item is being agendized at both the Special and Regular City Council Meetings and is intended to be heard as a single item over the course of both meetings. However, this item will ONLY be heard as part of the Regular City Council meeting in the event Council has not taken action prior to the Regular Meeting being called to order. As a res ult, there may NOT be an opportunity for public comment on this item at the Regular Meeting.
A.1 22-460 Continued Public Hearing to Consider San Jose Creek Multipurpose Path Final Mitigated Negative Declaration and Development Plan
A. Continue the opened public hearing to take verbal and written testimony; and B. After considering the evidenc e 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 Approvin g a Development Plan to Allow for Construction of the San Jose Creek Multipurpose Path 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."
Continued Public Hearing to Consider San Jose Creek Multipurpose Path Final Mitigated Negative Declaration and Development Plan
Public Comment Received
Presentation
Councilmembers Kyriaco noted that he is continuing to evaluate whether or not he should participate in the matter agendized as A.1. He noted that he is collecting information, waiting for advice from the FPPC on whether or not it is appropriated for him to participate and considering advice received from the City Attorney, and recused himself. Councilmember Richards noted similarly he will also be recusing himself from today’s discussion and has similarly been informed that he has a potential disqualifying conflict due to his residence proximity of a portion of the bike path and have consulted with the City Attorney and other lawyers and are awaiting an definitive answer. Both Councilmembers Kyriaco and Richards left the dais at 4:02 P.M.
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Megan Garibaldi, City Attorney noted that the conflict for both Councilmembers Kyriaco and Richards relates to their residences, for the record, and that they are seeking advice from the FPPC which has not yet been received. Ms. Garibaldi noted that in the event that the FPPC does advise that there is not a conflict of interest, and if there are future items that require council action, Councilmembers Richards and Kyriaco could participate at that time.
Staff Speakers:
Robert Nisbet, City Manager
Megan Garibaldi, City Attorney
Charles W. Ebeling, Public Works Director
Nate Faris, Supervising Arborist, Rincon Consultants
Laura Bridley, Consultant
Teresa Lopes, Senior Project Engineer, provided a presentation to the City Council titled, "Continued P ublic Hearing to Consider San Jose Creek Multipurpose Path Final Mitigated Negative Declaration and Development Plan" dated October 4, 2022 (presentation on file).
Public Speakers:
Rebecca Vincent, Albert Oaten, Barry Remis, COAST (Coalition for Sustaina ble Transportation), Heather Deutsch, Luz Reyes -Martin, Jan Chytilo, Julia Zao, Brigitta Van Der Raay, Kira Pusch, Jason Chapman, Joanna Kaufman, Don Lubach, Cecilia Brown, Katie Davis, Chair of the Santa Barbara/Ventura Sierra Club, and Kristen Brandt expressed support for staff recommendation.
Ken Knight and Aaron Bilane expressed concerns with the impact on trees to build the Multipurpose Path.
Jay Getcher expressed concerns with staff recommendation.
All comments received have been placed online:
Alex Pujo , Eileen Mcmillen , Joan Vignochi , Joanna Tang , Torrie Cutbirth , Dana Petersen, Emily and David Young , Jared Halsell, Karen Field, Alex Trieger , Ian Hewitt, Charlie Trouba, Kim Stanley, Joan Hartmann, Allen Biehle, Andrew Quinn, Dawn Mitcham , Jeff Carmody, Rod Tucknott , Rad Schreiber , Nicholas Burwell , Tim Burger , Daniela Soleri, Steve W. , Tracey Willfong , Zak Klobucher , Don Lubach, Nadia Abushanab , Steve George , Chris Proctor , Jan Chytilo , Albert Oaten, Greg Wittmann , Dorrie Tames Powell , Harold Powell , Greg Goodman , Megan Burwell, Claudia G. Mazzotti, Roger & Fran Davis, Julia Zuo, Lesley Miller, Mitchell Maier , Gregg Hart , Melissa Cunningham , Autumn Brook , Rebecca Vincent, Nancy Black, Mark Wilkinson, Paul Freeman, Bjorn Birnir, Tristen Miller, Eva Inbar , Ken Knight , Sullivan Israel , Kyle Campbell , Felicia Roggero , William Reynolds, Melvin DeSilva , Joanna Kaufman , Cars Are Basic, Inc , Carolyn Gamble, Kristin Brandt , Brigitta Van Der Raay , Cynthia Stahl , Jessica Altstatt, Cecilia Brown, Roman Baratiak, Danny Fitzgibbons
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CLOSED THE PUBLIC HEARING AT 5:33 P.M.
MOTION: Councilmember Aceves/Mayor Pro Tempore Kasdin to adopt Resolution No. 22-50 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 a Development Plan to Allow for
Construction of the San Jose Creek Multipurpose Path 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."
VOTE: Motion approved by the following roll c all vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmember Aceves .
Noes: None. Recusals: Councilmembers Kyriaco and Richards
RECESS 5:37 P.M. - 5:42 P.M.
ALL INTERESTED PERSONS SHOULD PROVIDE PUBLIC COMMENT AT THE 4:00 P.M. SPECIAL CITY COUNCIL MEETING TO ENSURE THEIR COMMENTS WILL BE HEARD PRIOR TO ACTION ON THIS ITEM.
Public comment will only be taken at the 4:00 P.M. Special City Council Meeting
ADJOURN TO THE REGULAR SESSION OF THE GOLETA CITY COUNCIL AT 5:36 P.M.
5:30 P.M. - REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards ABSENT: Mayor Pro Tempore Kasdin
PUBLIC FORUM
Justin Shores expressed concerns that a meeting occurred and this was not an agendized meeting and that it was attended by a majority of the members of the City Council. Mr. Shores requested that going forward that the attorney evaluate this incident so that it does not occur again.
Richard Foster expressed concerns with the projects taking priority within the City.
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AMENDMENTS OR ADJUSTMENTS TO AGENDA
Robert Nisbet, City Manager, noted that the City is working to reschedule a Special City Council meeting regarding the Santa Barbara Municipal Airport.
A. PUBLIC HEARING - This item is being agendized at both the Special and Regular City Council Meetings and is intended to be heard as a single item over the course of both meetings. However, this item will ONLY be heard as part of the Regular City Council meeting in the event Council has not taken action prior to the Regular Meeting being called to order. As a result, there may NOT be an opportunity for public comment on this item at the Regular Meeting.
A.1 22-460 Continued Public Hearing to Consider San Jose Creek Multipurpose Path Final Mitigated Negative Declaration and Development Plan
A. Continue the opened 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, Califor nia, Adopting the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Approving a Development Plan to Allow for Construction of the San Jose Creek Multipurpose Path 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."
Continued Public Hearing to Consider San Jose Creek Multipurpose Path Final Mitigated Negative Declaration and Development Plan
Public Comment Received
Presentation
This item was concluded at the 4:00 P.M. Special City Council Closed session. No action or public comment was taken at the 5:30 Regular City Council Session.
ALL INTERESTED PERSONS SHOULD PROVIDE PUBLIC COMMENT AT THE 4 :00 P.M. SPECIAL CITY COUNCIL MEETING TO ENSURE THEIR COMMENTS WILL BE HEARD PRIOR TO ACTION ON THIS ITEM.
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B. PRESENTATION
B.1 United Boys and Girls Club Gold Card Members Certificates of Recognition
United Boys and Girls Club Gold Card Members Certificates of Recognition
Mayor Perotte and Councilmember Aceves presented Certificates of Recognition to the United Boys and Girls Club Gold Card Members.
Public Speakers:
Michael Baker, Chief Executive Director of the Boys and Girls Club of Santa Barbara County.
C. CONSENT CALENDAR
C.1 Findings to Hold Remote Teleconference/Meetings, Pursuant to Assembly Bill 361
In accord ance 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 Teleconference -Meetings, Pursuant to Assembly Bill 361
MOTION: Councilmembers Richards /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, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.2 Approval of the City Council Meeting Minutes of September 6, 2022 and September 20, 2022
Approve the City Council Meeting Minutes of September 6, 2022 and September 20, 2022.
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Approval of the City Council Meeting Minutes of September 6, 2022 and September 20, 2022
MOTION: Councilmembers Richards /Kyriaco to approve the City Council Meeting Minutes of September 6, 2022 and September 20, 2022.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards. Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.3 Acceptance of the August 2022 Investment Transaction Report
Accept the investment transaction report for the month of August 2022.
Acceptance of the August 2022 Investment Transaction Report
MOTION: Councilmembers Richards /Kyriaco to accept the investment transaction report for the month of August 2022.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.4 Agreement Amendments with Project Partners, Inc. and Holmes Structures for professional s ervices related to Capital Improvements at the Goleta Community Center
A. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2022-044 with Project Partners, Inc. for project management, engineering support, and additional constructi on management services for the Goleta Community Center Seismic and ADA improvements projects, increasing the contract authority by $89,500, for a total not -to-exceed amount of $134,400; andB. Authorize the City Manager to execute Amendment No. 1 to Agre ement No. 2022 -070 with Holmes Structures for professional design services and additional project support for the Goleta Community Center Seismic and ADA improvements projects, increasing the contract authority by $53,500, for a total not-to-exceed amount of $83,500.
Agreement Amendments with Project Partners, Inc. and Holmes Structures for professional services related to Capital Improvements at the Goleta Community Center
MOTION: Councilmembers Richards /Kyriaco to A. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2022 - 044 with Project Partners, Inc. for project managemen t, engineering support, and additional construction management services for the Goleta Community Center Seismic and ADA
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improvements projects, increasing the contract authority by $89,500, for a total not -to-exceed amount of $134,400; and B.
Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2022-070 with Holmes Structures for professional design services and additional project support for the Goleta Community Center Seismic and ADA improvements projects, increasing the contract authorit y by $53,500, for a total not -to- exceed amount of $83,500.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.5 Second reading of an Ordinance Adopting Development Agreement between Fairview Business A ssociates/Torridon and the City of Goleta for the property located at 420, 430, and 490 S. Fairview Avenue, APNs 071 - 130-057, -062, -061; Case No. 21-0002-ORD
Conduct second reading by title only and waive further reading and adopt 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 Development Agreement and accepting an easement for 35 public parking spaces at 420, 430, & 490 S. Fairview Avenue, Case No. 21-0002-ORD."
Second reading of an Ordinance Adopting Development Agreement between Fairview Business Associates-Torridon and the City of Goleta
MOTION: Councilmembers Richards/Kyriaco to conduct second reading by title only and waive further reading and adopt Ordinance No. 22 - 12, entitled "An Ordinance of the City Council of the City of Goleta, C alifornia, 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, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.6 Support to Other Agency Funding for Goleta Holiday Parade
Approve the updated one-year grant agreement and authorize the City Manager to execute the agreement with Goleta Lions Club to produce the Goleta Holiday Parade at the previously Council-approved level.
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Support to Other Agency Funding for Goleta Holiday Parade
MOTION: Councilmembers Richards /Kyriaco to approve the updated one - year grant agreement and authorize the City Manager to execute the agreement with Goleta Lions Club to produce the Goleta Holiday Parade at the previously Council-approved level.
VOTE: Motion approved by the f ollowing roll call vote: Ayes: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.7 Resolution to Provide Time Restricted Green Parking Zones at 230 Magnolia Avenue and at 231 Magnolia Avenue
Adopt Resolution No. 22 -____, entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing 20 -Minute Green Parking Zones at 230 Magnolia Avenue and at 231 Magnolia Avenue."
Resolution to Provide Time Restricted Green Parking Zones at 230 Magnolia Avenue and at 231 Magnolia Avenue
MOTION: Councilmembers Richards /Kyriaco to adopt Resolution No. 22 - 51, entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing 20 -Minute Green Parking Zones at 230 Magnolia Avenue and at 231 Magnolia Avenue."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.8 New Utility Agreement with the Goleta Water District for the Ekwill Street and Fowler Road Extensions Project (Project No. 9002)
Approve and authorize the City Manager to enter into a new Utility Agreement with the Goleta Water District for the Ekwill Street and Fowler Road Extensions Project.
New Utility Agreement with the Goleta Water District for the Ekwill Street and Fowler Road Extensions Project (Project No. 9002)
MOTION: Councilmembers Richards /Kyriaco to approve and authorize the City Manager to enter into a new Utility Agreement with the Goleta Water District for the Ekwill Street and Fowler Road Extensions Project.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
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C.9 Amendment to Professional Services Agreement No. 2020 -062 with Laura M. Bridley, AICP, fo r Professional Environmental Planning and Permitting Services
Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 2020 -062 with Laura M. Bridley, AICP, for Professional Environmental Planning and Permitting Service s, increasing the contract authority by $50,000, for a new total not -to-exceed contract amount of $101,000 and extending the agreement termination date to June 30, 2024.
Amendment to Professional Services Agreement No. 2020 -062 with Laura M.
Bridley, AICP, for Professional Environmental Planning and Permitting Services
MOTION: Councilmembers Richards/Kyriaco to authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 2020 -062 with Laura M. Bridley, AICP, for Professional Environmental Planning and Permitting Services, increasing the contract authority by $50,000, for a new total not -to-exceed contract amount of $101,000 and extending the agreement termination date to June 30, 2024.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.10 Amendment to Agreement No. 2021 -020 with Cicileo Landscapes, Inc. for landscape maintenance services at Various City-Owned Properties
A. Authorize the City Manager to execute Amendment No.1 to Agreement No. 2021-020 with Cicileo Landscapes, Inc. for the provision of landscape maintenance services at various City-owned properties, increasing the contract authority by $21,848 for a total not -to-exceed amount of $154,304 and extending the term of the Agreement by an additional three months for a new expiration date of June 30, 2024. B. Approve a budget appropriation of $6,200 from the General F und Unassigned Fund Balance Account to Maintenance Facilities in the Facilities Program of the General Services Department.
Amendment to Agreement No. 2021 -020 with Cicileo Landscapes, Inc. for landscape maintenance services at Various City-Owned Properties
MOTION: Councilmembers Richards /Kyriaco to A. Authorize the City Manager to execute Amendment No.1 to Agreement No. 2021 - 020 with Cicileo Landscapes, Inc. for the provision of landscape maintenance ser vices at various City -owned properties, increasing the contract authority by $21,848 for a total not -to-
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exceed amount of $154,304 and extending the term of the Agreement by an additional three months for a new expiration date of June 30, 2024. B. Approve a budget appropriation of $6,200 from the General Fund Unassigned Fund Balance
Account to Maintenance Facilities in the Facilities Program of the General Services Department.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Counc ilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
C.11 California Department of Forestry and Fire Protection (CAL FIRE) Grant for the Ellwood Mesa Neighborhoods Hazard Fuel Reduction Project
A. Accept a $1,708,872 grant from the California Department of Forestry and Fire Protection (CAL FIRE) California Climate Investments Wildfire Prevention Grants Program for the Ellwood Mesa Neighborhoods Hazard vegetation herein defined as Fuel Reduction Project;B. Approve a budget appropriation and grant revenue in the amount of $1,708,872 for the Grant Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) into Fund 310 as identified in the fiscal impact section of the report; andC. Adopt Resolution No. 22-___, entitled "A Resolution of the City Council of the City of Goleta, California, for Funding from the Wildfire Prevention Grants Program as Provided through California Climate Investments."
California Department of Forestry and Fire Protection (CAL FIRE) Grant for the Ellwood Mesa Neighborhoods Hazard Fuel Reduction Project
MOTION: Councilmembers Richards /Kyriaco to A. Accept a $1,708,872 grant from the California Department of Forestry and Fire Protection (CAL FIRE) California Climate Investments Wildfire Prevention Grants Program for the Ellwood Mesa Neighborhoods Hazard vegetation herein defined as Fuel Reduction Project; B.
Approve a budget appropriation and grant revenue in the amount of $1,708,872 for the Grant Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) into Fund 310 as identified in the fiscal impact section of the report; and C.
Adopt Resolution No. 22 -52, entitled "A Resolution of the City Council of the City of Goleta, California, for Funding from the Wildfire Prevention Grants Program as Provided through
California Climate Investments."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Councilmember Aceves, Kyriaco, and Richards . Noes:
None. Absent: Mayor Pro Tempore Kasdin.
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
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Councilmember Aceves reported attending a Public Safety and Emergency Preparedness Standing Committee meeting on September 21, 2022 where the Memorandum of Understanding with the County of Santa Barbara Sheriff's Office was discussed.
E. CITY MANAGER/STAFF REPORT
None
F. CITY ATTORNEY REPORT
Megan Garibaldi, City Attorney, noted the passage of AB2449 that will limit the use of virtual and hybrid public meetings.
ADJOURNED AT 6:13 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK