Tuesday, December 20, 2022
Regular Meeting 5:30 P.M.
Closed Session at the end
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
Robert Nisbet, City Manager
Megan Garibaldi, City Attorney
Deborah S. Lopez, City Clerk
Members of the City Council
December 20, 2022City Council Agenda
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING
This Hybrid Meeting is held pursuant to AB 361. The City of Goleta currently provides in person participation as well as virtual participation until further notice. The meeting will be Hybrid as a recommended measure to promote social distancing. The public may alternatively view the meeting on Goleta Channel 19 and/or online at https ://cityofgoleta.org/goletameetings and in the Council Chambers.
PUBLIC PARTICIPATION
Speaking at the Meeting - Submit an email to the City Clerk at cityclerkgroup@cityofgoleta .org which states the item you want to speak to and provide your name, email and phone number.
FOR CLOSED SESSION PARTICIPATION
By phone -
• 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 prior to the start of the meeting:
Toll-Free Dial-in: (866)580-6521, Participant passcode: 72295187 then # • Please mute your phone until you are called to speak. If you do not have a mute button, you may mute by pressing the star key followed by the number six (* 6). You can unmute by pressing the same keys (* 6). Comments from the public are limited to three (3) minutes per speaker.
INSTRUCTIONS FOR USING ZOOM
• Join the meeting using the link below.
• You must have audio and microphone capabilities on the device you are using to join the meeting.
• When you join the meeting make sure that you join the meeting with audio and follow the prompts to test your speaker & microphone prior to joining the meeting.
TO SPEAK ON AN ITEM USING ZOOM
• The Mayor will call the item and staff will begin the staff report. • Click on the Raise Hand icon if you would like to speak on the item. • The City Clerk will call your name when it’s your turn to speak. • When your name is called, you will be prompted to unmute yourself. • When your time is up, you will be muted.
• You will repeat this process for each item you want to speak on.
December 20, 2022City Council Agenda
FOR OPEN SESSION PARTICIPATION
Join Meeting Electronically at:
https://us06web.zoom.us/webinar/register/WN__SnEvv9JTOydM2A6kVq-5A Join via audio
One tap mobile: U S : + 1 6 6 9 4 4 4 9 1 7 1 , , 8 2 2 2 0 8 1 6 5 2 8 # , , , , * 5 7 7 7 6 2 # o r +16699006833,,82220816528#,,,,*577762#
Or dial For higher quality, dial a number based on your current location.
US: + 1 669 444 9171 or +1 669 900 6833 or +1 408 638 0968 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 719 359 4580 or +1 564 217 2000 or +1 646 876 9923 or +1 646 931 3860 or +1 689 278 1000 or +1 301 715 8592 or +1 305 224 1968 or +1 309 205 3325 or +1 312 626 6799 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 Webinar ID: 822 2081 6528
Passcode: 577762
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 48 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.
December 20, 2022City Council Agenda
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL
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. DISCUSSION/ACTION ITEM
Confirmation of November 8, 2022, Canvass of Consolidated General
Election Returns
A.1 22-620
Adopt Resolution No. 22-__ entitled “A R esolution of the City Council of the City of Goleta Declaring the Results of the General Election Held on Tuesday, November 8, 2022 and Such Other Matters as Provided by Law.” Recommendation:
Deborah Lopez, City ClerkStaff:
10 minutesEstimated Time:
B. OATHS OF OFFICE
Oath of Office - Council ElectB.1 22-592
C. COUNCIL REORGANIZTION
Selection of Mayor Pro TemporeC.1 22-621
Select a Mayor Pro Tempore from among the members of the City Council.Recommendation:
Deborah Lopez, City ClerkStaff:
10 minutesEstimated Time:
REMARKS BY COUNCIL AND BREAK
December 20, 2022City Council Agenda
D. CONSENT CALENDAR
Findings to Hold Remote Teleconference /Meetings, Pursuant to Assembly Bill 361
D.1 22-561
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:
Approval of the Minutes for the City Council Meeting of December 6, 2022
D.2 22-618
Approve the Minutes of the City Council Meeting of December 6, 2022.Recommendation:
Deborah S. Lopez, City Clerk
Staff:
Ratification of Mayoral Appointments to Historic Preservation Commission and Establishment of the Compensation for the members of the Historic Preservation Commission
D.3 22-591
A. Ratify the mayoral appointments of Barbara Vilander, Fermina Murray, Heather McDaniel McDevitt, Jean -Guy Dube and Lory Ann Velez to the Historic Preservation Commission.
B. Adopt Resolution No. 22-__ entitled, “Establishing the Compensation for the Members of the Historic Preservation Commission”.
Recommendation:
Deborah S. Lopez, City Clerk
Liana Campos, Deputy City Clerk
Staff:
Acceptance of the November 2022 Check RegisterD.4 22-615 Accept the check register for the month of November 2022.Recommendation:
Luke Rioux, Finance DirectorStaff:
December 20, 2022City Council Agenda
Acceptance of the September 2022 Investment Transaction ReportD.5 22-619 Accept the investment transaction report for the month of September 2022.Recommendation:
Luke Rioux, Finance DirectorStaff:
Fiscal Year 2022/23 First Quarter Financial ReviewD.6 22-588 Adopt Resolution No. 22-__ entitled, “A Resolution of the City Council of the City of Goleta, California, Amending the City of Goleta Operating and CIP Budget for Fiscal Year 2022/23, Amending the City of Goleta Schedule of Authorized Positions for Fiscal Year 2022/23 and Amending the City of Goleta Salary Schedule for Fiscal Year 2022/23.” Recommendation:
Luke Rioux, Finance Director
Tony Gonzalez, Accounting Manager
Staff:
Leases with Current Long-term Goleta Community Center TenantsD.7 22-590 A. Authorize the City Manager to enter into a Commercial Lease Agreement at 5681 Hollister Avenue in the amount of $7,562.00 per month with Community Action Commission of Santa Barbara County (DBA CommUnify) for a term expiring June 30, 2024, subject to annual renewal thereafter; and
B. Authorize the City Manager to enter into a Commercial Lease Agreement at 5689 Hollister Avenue in the amount of $11,534.00 per month with Rainbow Childhood Education, Inc. for a term expiring June 30, 2024, subject to annual renewal thereafter; and
C. Authorize the City Manager to enter into a Commercial Lease Agreement at 5681 Hollister Avenue in the amount of $878.00 per month with Kevin Long Resilience Personal Training for a term expiring June 30, 2024, subject to annual renewal thereafter.
Recommendation:
Kristy Schmidt, Assistant City Manager
Shannon Kirn, Management Analyst
Staff:
December 20, 2022City Council Agenda
Resolution to Apply for and Receive Community Project Grant Funding to Implement ADA Improvements at the Goleta
Community Center (CIP 9121)
D.8 22-602
A. Authorize the City Manager, or his designee, to execute any and all required documents to apply for and receive Community Project Funding from the Department of Housing and Urban Development for Improvements to the Goleta Community Center;
B. Adopt Resolution No. 22-__, entitled, “A Resolution of the City Council of the City of Goleta, California, To Receive Community Project Funding from the Department of Housing and Urban Development for Improvements to the Goleta Community Center;” and
C. Approve a budget appropriation and grant revenue in the amount of $3,000,000 of Community Project Grant Funding from the Department of Housing and Urban Development into Fund 424.
Recommendation:
Matthew R. Fore, General Services DirectorStaff:
Award of Construction Management and Inspection Services Contract to MNS Engineers Inc. for the Goleta Community Center Seismic Improvement Project (DR 4308, CIP 9067)
D.9 22-603
Award and authorize the City Manager to execute a Professional Services Agreement with MNS Engineers, Inc. for Construction Management and Inspection services in the base amount of $ 204,658, which assumes a 90-day construction period, and approve additional expenditures of up to $ 162,408 to accommodate a construction period of up to 180 days, for a total not -to-exceed amount of $ 347,066, with a termination date of September 30, 2023.
Recommendation:
Matthew R. Fore, General Services DirectorStaff:
Annual Financial Report of the City of Goleta ’s Development Impact Fees for Fiscal Year 2021-22
D.10 22-593
Adopt Resolution 22- , entitled “A Resolution of the City Council of the City of Goleta, California, Approving the Annual Development Impact Fee Financial Report.”
Recommendation:
Charles W. Ebeling, Public Works Director
Gerald Comati, Contract Project Manager
Staff:
December 20, 2022City Council Agenda
Amendment No. 4 to a Memorandum of Understanding between the City of Goleta and People Assisting the Homeless (PATH) D.11 22-570
Approve and authorize the City Manager to execute Amendment No. 4 to a Memorandum of Understanding between the City of Goleta and People Assisting the Homeless, adding $ 20,000 to the current not -to-exceed amount, for an amended total not-to-exceed amount of $73,250.
Recommendation:
Jaime A. Valdez, Neighborhood Services Director
Shanna Dawson, Management Analyst
Staff:
Resolution Amending Resolution No. 19-43 to Conform to New State Law Regarding Development Impact Fee Waivers and
Reductions for Accessory Dwelling Units, and Finding the Resolution to be Exempt under the California Environmental Quality Act
D.12 22-557
A. Adopt Council Resolution No. 22 - ____ entitled “A Resolution of the City Council of the City of Goleta, California Amending the Development Impact Fee Reduction Program for Beneficial Projects.”
B. Find the adoption of the Resolution exempt from the California Environmental Quality Act under Guideline 15061 and direct staff to file a Notice of Exemption with five (5) business days.
Recommendation:
Peter Imhof, Planning and Environmental Review Director Lisa Prasse, Current Planning Manager
Staff:
RECESS TO THE GOLETA RDA SUCCESSOR AGENCY
RECONVENE TO THE GOLETA RDA SUCCESSOR AGENCY
December 20, 2022City Council Agenda
E. PUBLIC HEARING
Public Hearing to Consider Adoption of Urgency Ordinance for Accessory Dwelling Unit Regulations and finding the Ordinance to be Exempt under the California Environmental Quality Act (Case No. 22-0005-ORD) (CEQA Exemption)
E.1 22-566
Adopt on a four -fifths vote Urgency Ordinance No. 22-__U entitled, "An Urgency Ordinance of the City Council of the City of Goleta, California Amending Title 17 of the Goleta Municipal Code to Update Procedures and Regulations for Accessory Dwelling Units Pursuant to Assembly Bill 2221 and Senate Bill 897, Case No. 22-0005-ORD, Determining the Ordinance to be Exempt from CEQA, and Declaring the Urgency Thereof." Recommendation:
Peter Imhof, Planning and Environmental Review Director Anne Wells, Advance Planning Manager
Andy Newkirk, Senior Planner
Staff:
30 minutesEstimated Time:
F. DISCUSSION/ACTION ITEM
Economic Development Strategic Plan Situation AssessmentF.1 22-604 Receive and file a presentation and provide feedback to staff on the draft Situation Assessment.
Recommendation:
Robert Nisbet, City Manager
Ryan Kintz, Assistant to the City Manager
Staff:
45 minutesEstimated Time:
Goleta Train Depot Status Update and TIRCP Supplemental Funding
F.2 22-605
A. Receive an update on the Goleta Train Depot Project and Transit and Intercity Rail Capital Program Supplemental Funding Application; and B. Authorize the City Manager to set aside $1,000,000 as committed fund balance for a possible match for supplemental Transit and Intercity Rail Capital Program requested funding for the Goleta Train Depot project from the City’s Unassigned Fund Balance.
Recommendation:
Jaime A. Valdez, Neighborhood Services Director
Gerald Comati, Project Manager (COM3 Consulting)
Staff:
30 minutesEstimated Time:
December 20, 2022City Council Agenda
Resolution and Ordinance to Adopt 90-Minute Timed Parking Restrictions in Old Town Goleta and Finding that Adoption of the Resolution and Ordinance is Exempt from the California
Environmental Quality Act
F.3 22-583
A. Adopt Resolution No. 22-__ entitled, “A Resolution of the City Council of the City of Goleta, California, Establishing Parking Restrictions on Specified Streets and Street Segments in Old Town Goleta;”
B. Approve a budget appropriation of $67,000 from General Fund Unassigned Fund Balance to account 101-50-5800-51062
Maintenance - Streets;
C. 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 Chapter 10.01 (Motor Vehicles and Traffic) of the Goleta Municipal Code to Correct Outdated Elements of the Code and to Require Vehicles Parked in Restricted Parking Areas to not Repark within the same block;” and
D. Find that the adoption of the Resolution and Ordinance is exempt from the California Environmental Quality Act under Guideline 15301(c) and direct staff to file a Notice of Exemption with five (5) business days.
Recommendation:
Charles W. Ebeling, Public Works Director
Derek Rapp, Contract Traffic Engineer
Staff:
30 minutes
Estimated Time:
G. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
• 12/15/2002 Finance and Audit Standing Committee Meeting H. CITY MANAGER/STAFF REPORT
I. CITY ATTORNEY REPORT
CLOSED SESSION
CALL TO ORDER
ROLL CALL OF CITY COUNCIL
December 20, 2022City Council Agenda
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS
RECESS TO CLOSED SESSION
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.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter:
Property: No Site Address (“Parcel 13 Mathilda Drive Goleta, CA 93117”) ( APN 079-554-023)
City Negotiator: Robert Nisbet, City Manager, and Megan Garibaldi, City Attorney Negotiating Party: Henrietta Ash and David Taylor
Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case.