11/1/2022 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, November 01, 2022
Closed Session – 4:30 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
4:30 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 4:32 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
RECESS TO CLOSED SESSION at 4:34 P.M.
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CLOSED SESSION
Megan Garibaldi, City Attorney, read into the record closed session items by title only:
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 REAL PROPERTY NEGOTIATOR
Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter:
Property: APN # 079-554-023
Agency Negotiator: Robert Nisbet, City Manager
Negotiating Party: Henrietta Ash/David Taylor
Under Negotiations: Price and Terms
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 5:43 P.M., followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor P ro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards
ABSENT: None
REPORT FROM CLOSED SESSION
Megan Garibaldi, City Attorney, reported on closed session matters as follows:
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 a l., Santa Barbara County Superior Court, Case No. 21CV04854
Action: No reportable action
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter:
Property: APN # 079-554-023
Agency Negotiator: Robert Nisbet, City Manager
Negotiating Party: Henrietta Ash/David Taylor
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Under Negotiations: Price and Terms
Action: No reportable action
Ms. Garibaldi noted that the City Council met in Closed Session on October 18, 2022, on a real property item which is listed on this agenda as item A.10 - Purchase Agreement for Denial of Access for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002)
PUBLIC FORUM
Public Comment Received
Karen Lovelace, Richard Foster and Phebe Mansur raised concerns to campaigns placed and pulled by the City of Goleta staff, also spoke in opposition to Measure B2022
Written Public Comment Received are Posted Online:
Karen Lovelace
Robert Nisbet, City Manager corrected the record a couple of statements made under Public Forum. Mr. Nisbet noted the city was not running a campaign and the signs shown in the photos were not installed by city employees. Mr. Nisbet also noted that the city does not do selective enforcement, and that campaign signs are picked up by city crews if they see them. Mr. Nisbet also reported that campaign signs are picked up if complaints are filed and went on to ask if for the speaker who showed pictures of signs and if this is an official complaint, to provide th e photos and he would have those signs removed tomorrow.
AMENDMENTS OR ADJUSTMENTS TO AGENDA
Robert Nisbet, City Manager, requested the City Council be taken off the agenda and will be re-noticed for the November 15, 2022 City Council meeting B.1 - Objective Design Standards for Multiple -Unit and Mixed -Use Housing Projects Ordinance (Case No. 21 - 0005-ORD) .
MOTION: Councilmembers Aceves/Kyriaco to remove item B.1 - Objective Design Standards for Multiple -Unit and Mixed -Use Housing Projects Ordinance (Case No. 21-0005-ORD) and calendar for a later date.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
A. CONSENT CALENDAR
ITEMS A.5 AND A.6 WERE PULLED FROM THE CONSENT CALENDAR
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A.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 Kyriaco/Mayor Pro Tempore Kasdin to approve 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.
A.3 Acceptance of the September 2022 Check Register
Accept the check register for the month of September 2022.
Acceptance of the September 2022 Check Register
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Kasdin to accept the check register for the month of September 2022.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
A.2 Approval of the City Council Meeting Minutes of October 18, 2022
Approve the City Council Meeting Minutes of October 18, 2022.
Approval of the City Council Meeting Minutes of October 18, 2022
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Kasdin to approve the City Council Meeting Minutes of October 18, 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.
A.4 Support to Other Agency Agreement for The Center for Urban Agriculture at Fairview Gardens
Approve the updated one -year grant agreement and authorize the City Manager to execute the agreement with The Center for Urban Agriculture at Fairview Gardens at the previously Council-approved level.
Support to Other Agency Agreement for The Center for Urban Agriculture at Fairview Gardens
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Kasdin to approve the updated one -year grant agreement and authorize the City Manager to execute the agreement with The Center for Urban Agriculture at Fairview Gardens at the previously Council - approved level.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
A.7 Award of General Services Agr eement with Enviroscaping, Inc. for Landscape Maintenance Services for City -Owned Parks for Fiscal Years 2023-2025
Approve and authorize the City Manager to execute a General Services Agreement with Enviroscaping, Inc. to provide landscape services at City -owned lands, for a not-to-exceed amount of $1,709,401 for Fiscal Years 2023-2025 with a termination date of June 30, 2025.
Award of General Services Agreement with Enviroscaping, Inc. for Landscape Maintenance Services for City-Owned Parks for Fiscal Years 2023-2025
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Kasdin to approve and authorize the City Manager to execute a General Services Agreement with Enviroscaping , Inc. to provide landscape services at City -owned lands, for a not -to-exceed amount of $1,709,401 for Fiscal Years 2023 -2025 with a termination date of June 30, 2025.
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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A.8 General Services Agreements with Rich & Famous, Inc. doing business as Big Green Cleaning Company for Janitorial Services at Parks and Other City- Owned Lands for Fiscal Years 2023-2025
A. Approve and authorize the City Manager to execute Amendment No. 5 to General Services Agreement No. 2018 -089 with Rich & Famous, Inc. doing business as Big Green Cleaning Company, for janitorial services at the Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park, retroactive to June 30, 2022 and extending the term to November 1, 2022, and increasing the maximum contract amount by $22,500 for a new total not -to-exceed contract amount of $220,788; andB. Approve and authorize the City Manager to execute a General Services Agreement with Rich & Famous, Inc. dba Big Green Cleaning Company to provide janitorial services at parks and other City-owned lands, for a total contract amount of $852,728 for Fiscal Years 2023 -2025, and with a termination date of June 30, 2025. C. Approve a budget appropriation of $150,000 from the General Fund Unassigned Fund Balance to Contract Services in the Parks and Open Space Maintenance Program Budget of the Public Works Department.
General Services Agreements with Rich & Famous, Inc. doing business as Big Green Cleaning Company for Janitorial Services at Parks and Other City -Owned Lands
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Kasdin to A.
Approve and authorize the City Manager to execute Amendment No. 5 to General Services Agreement No. 2018-089 with Rich & Famous, Inc. doing business as Big Green Cleaning Company, for janitorial services at the Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park, retroactive to June 30, 2022 and extending the term to November 1, 2022, and increasing the maximum contract amount by $22,500 for a new total not -to- exceed contract amount of $220,788; and B. Approve and authorize the City Manager to execute a General Services Agreement with Rich & F amous, Inc. dba Big Green Cleaning Company to provide janitorial services at parks and other City - owned lands, for a total contract amount of $852,728 for Fiscal Years 2023-2025, and with a termination date of June 30, 2025.
C. Approve a budget appropriation of $150,000 from the General Fund Unassigned Fund Balance to Contract Services in the Parks and Open Space Maintenance Program Budget of the
Public Works Department.
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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A.9 Amendment No. 1 to Professional Services Agreement 2022-001 with Rincon Consultants, Inc for Contract City Arborist
Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2022-001 with Rincon Consultants, Inc. for Contract City Arborist Services, increasing the contract authority by $62,001 for a new total contract amount of $107,000, and extending the agreement termination date to June 30, 2024.
Amendment No. 1 to Professional Services Agreement 2022 -001 with Rincon Consultants, Inc for Contract City Arborist
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Kasdin to authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2022-001 with Rincon Consultants, Inc. for Contract City Arborist Services, increasing the contract authority by $62,001 for a new total contract amount of $107,000, and extending the agreement termination date to 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.
A.10 Purchase Agreement for Denial of Access for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002)
Authorize the City Manager to Execute a Right-Of-Way Purchase Agreement for Access Denial Rights on Assessor's Parcel Number 071 -140-064 for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002).
Purchase Agreement for Denial of Access for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002)
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Kasdin to authorize the City Manager to Execute a Right -Of-Way Purchase
Agreement for Access Denial Rights on Assessor's Parcel Number 071 -140-064 for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002).
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
A.11 Memorandum of Understanding between Santa Barbara Unified School District, Santa Barbara Sheriff's Office and the City of Goleta Regarding Law Enforcement on School Campuses
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Approve the Memorandum of Understanding between Santa Barbara Unified School District, Santa Barbara Sheriff's Office and the City of Goleta Regarding Law Enforcement on School Campuses.
Memorandum o f Understanding between Santa Barbara Unified School District, Santa Barbara Sheriff's Office and the City of Goleta Regarding Law Enforcement
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Kasdin to approve the Memorandum of Understanding between Santa Barbara
Unified School District, Santa Barbara Sheriff's Office and the City of Goleta Regarding Law Enforcement on School
Campuses.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
ITEMS A.5 AND A.6 WERE PULLED FROM THE CONSENT CALENDAR
A.5 Approval of Plans and Specifications, and Authorization to Advertise for Bids for the Splash Pad and Improvements at Jonny D. Wallis Neighborhood Park (CIP 9111)
A. Approve Plans and Specifications for CIP Project 9111 Splash Pad and Improvements at Jonny D. Wallis Neighborhood Park; and B. Authorize Staff to Advertise a Notice Inviting Bids for CIP Project 9111 Splash Pad and Improvements at Jonny D. Wallis Neighborhood Park; and C. Authorize the City Manager to enter into a contract in an amount not-to-exceed $250,000 to purchase a prefabricated equipment building that shall include standard industry terms.
Approval of Plans and Specifications, and Authorization to Advertise for Bids for the Splash Pad and Improvements at Jonny D. Wallis Neighborhood Park (CIP 9111)
Staff Speaker:
JoAnne Plummer, Parks and Recreation Manager
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Kasdin to A.
Approve Plans and Specifications for CIP Project 9111 Splash Pad and Improvements at Jonny D. Wallis Neighborhood Park; and B. Authorize Staff to Advertise a Notice Inviting Bids for CIP Project 9111 Splash Pad and Improvements at Jonny D. Wallis Neighborhood Park; and C. Authorize the City Manager to enter into a contract in an amount not-to-exceed $250,000 to purchase a prefabricated equipment building that shall include standard industry terms.
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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.
A.6 Approval of Plans and Specifications, and Authorization to Advertise for Bids for the Armitos Park Improvements/Community Garden and Multipurpose Bike Path (CIP 9084 and CIP 9007)
A. Approve Plans and Specifications for CIP Projects 9084 and CIP 9007 Armitos Park Improvements/Community Garden and Multipurpose Bike Path; and B. Authorize staff to advertise a notice inviting bids for CIP Projects 9084 and CIP 9007 Armitos Park Improvements/Community Garden and Multipurpose Bike Path.
Approval of Plans and Specifications, and Authorization to Advertise for Bids for the Armitos Park ImprovementsCommunity Garden and Multipurpose Bike Path
Staff Speaker:
JoAnne Plummer, Parks and Recreation Manager
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Kasdin to A.
Approve Plans and Specifications for CIP Projects 9084 and CIP 9007 Armitos Park Improvements/Community Garden and
Multipurpose Bike Path; and B. Authorize staff to advertise a notice inviting bids for CIP Projects 9084 and CIP 9007 Armitos Park Improvements/Community Garden and Multipurpose Bike Path.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
B. PUBLIC HEARING
B.1 Adoption of the 2022 California Building Standards Code by Reference
Hold the public hearing and then conduct second reading (by title only) and waive further reading of Ordinance 22 -_ entitled, "An Ordinance of the City Council of the City of Goleta, California, Amending the following Chapters to Title 15 "Building and Construction" of the Goleta Municipal Code: Chapter 15.01 "Building Code", Chapter 15.03 "Electrical Code", Chapter 15.04 "Plumbing Code", Chapter 15.05 "Mechanical Code", Chapter 15.08 "Administrative Code", Chapter 15.11 "Residential Code", Chapter 15.12 "Green Building Code", Chapter 15.15 "Energy Code", Chapter 15.16 "Historical Code", Chapter 15.17 "Existing Building Code, and Chapter 15.19 "The International Property Maintenance Code" Adopting By
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Reference The Above -Listed Codes In The California State Building Standards Codes And Adopt Local Amendments To Those Codes".
Adoption of the 2022 California Building Standards Code by Reference
Item B.1 was removed from the agenda due to a noticing issue.
B.2 Objective Design Standards for Multiple -Unit and Mixed -Use Housing Projects Ordinance (Case No. 21-0005-ORD)
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, Amending Title 17 of the Goleta Municipal Code to Provide Objective Design Standards and Procedures to Implement State Housing Law, Case No. 21 -0005-ORD, and Determining the Ordinance to be Exempt from CEQA."
Objective Design Standards for Multiple -Unit and Mixed -Use Housing Projects Ordinance (Case No. 21-0005-ORD)
Staff Speakers:
Anne Wells, Advance Planning Manager and Andy Newkirk, Senior Planner provided a presentation, " Objective Design Standards for Multiple-Unit and Mixed- Use Housing Projects Ord inance (Case No. 21 -0005-ORD)," dated November 1, 2022 (presentation on file).
OPENED THE PUBLIC HEARING AT 6:41 P.M.
Speaker:
Jason Chapman spoke highly of the number of driveways and minimum spacing requirements.
CLOSED THE PUBLIC HEARING AT 6:49 P.M.
MOTION: Mayor Pro Tempore Kasdin/Councilmember Richards to 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, Amending Title 17 of the Goleta Municipal Code to Provide Objective Design Standards and Procedures to Implement State Housing Law, Case No. 21-0005-ORD, and Determining the Ordinance to be Exempt from CEQA."
VOTE: Motion approved by the following roll call vote: A yes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
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C. DISCUSSION/ACTION ITEM
C.1 Update on Homelessness Efforts by the City of Goleta
A. Receive an update on homelessness efforts, including funding and outreach, by the City of Goleta; and B. Authorize the City Manager to execute Amendment No.2 to the City's Professional Services Agreement with City Net, adding $250,000 in funding to the current not-to exceed amount, for a total of $780,565.
Public Comment Received
Update on Homelessness Efforts by the City of Goleta
Staff Speakers:
Jaime Valdez, Neighborhood Services Director and Shanna Dawson, Management Analyst
Public Speakers:
None
Written Public Comment Received are Posted Online:
Michael Goldman and C. Dave Gaughen
MOTION: Mayor Pro Tempore Kasdin/Councilmember Kyriaco to B.
Authorize the City Manager to execute Amendment No.2 to the City's Professional Services Agreement with City Net, adding $250,000 in funding to the current not -to exceed amount, for a total of $780,565.
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 Stow Grove Park Master Plan Project Update
Authorize staff to move forward with the publ ic process in the development of a Draft Master Plan for Stow Grove Park that may include elements wholly or partially in Environmentally Sensitive Habitat Areas and applicable buffers.
Stow Grove Park Master Plan Project Update
Public Comment Received
Staff Speakers:
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Jaime Valdez, Neighborhood Services Director , Joanne Plummer, Parks an d Recreation Manager, Matthew Wilkins, KTU&A, and Mike Singleton KTU&A, provided a presentation to the City Council titled, "Stow Grove Park Master Plan Project Update," dated November 1, 2022 (presentation on file).
Public Speakers:
None
Written Public Comment Received Are Posted Online:
Katherine Emery, Santa Barbara Audubon Society
MOTION: Councilmembers Aceves/Kyriaco to authorize staff to move forward with the public process in the development of a Draft Master Plan for Stow Grove Pa rk that may include elements wholly or partially in Environmentally Sensitive Habitat Areas and applicable buffers.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Kasdin, Councilmembers Aceves, Kyriaco, and Richards. Noes: None.
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Councilmember Aceves reported attending an Economic Development and Revitalization Standing Committee meeting on October 20, 2022. Councilmember Aceves requested Council concurrence on a resolution that would call for Los Angeles Councilmembers Gil Cedillo and Kevin de Leónto to resign due to their egregious comments.
Councilmember Richards reported attending an Energy/Green Issues Standing Committee Meeting on October 12, 2022.
Mayor Pro Tempore requested staff ask Southern California Edison regarding their scheduled power shutoffs that then do not occur.
E. CITY MANAGER/STAFF REPORT
None
F. CITY ATTORNEY REPORT
Megan Garibaldi, City Attorn ey, reported that as the State continues to push out new bills every year, there are occasions in which the City of Goleta must quickly act. Ms. Garibaldi noted if there are Bills that require the city to act by January 1, staff will bring the City Council an ordinance. Ms. Garibaldi noted this year, we will see an ADU Urgency Ordinance, the permanent ordinance will come later as was done last year.
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ADJOURNED AT 9:39 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK