Tuesday, September 19, 2023
Closed Session 4:00 P.M./Regular Meeting 5:30 P.M.
City Hall
130 Cremona Dr.
Goleta, CA
City Council
Mayor Paula Perotte
Mayor Pro Tempore Kyle Richards
Councilmember Stuart Kasdin
Councilmember Luz Reyes-Martín, District 1
Councilmember James Kyriaco, District 2
Agenda
Robert Nisbet, City Manager
Megan Garibaldi, City Attorney
Deborah S. Lopez, City Clerk
Members of the City Council
September 19, 2023City Council Agenda
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING
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PUBLIC PARTICIPATION
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September 19, 2023City Council Agenda
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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.
September 19, 2023City Council Agenda
4:00 P.M. - CLOSED SESSION
CALL TO ORDER
ROLL CALL OF CITY COUNCIL
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 LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION – THREAT OF LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and 54956.9(e)(5) with regard to one potential case. Following numerous communications between City staff and counsel for the applicants of the “Shelby” development project located at 7400 Cathedral Oaks Road [APN 077-530-019], including as it relates specifically to a dispute over the proposed use of an SB 330 application for purposes of vesting the so -called “Builder’s Remedy” in Government Code section 65589.5(d)(5) at the Shelby project site, counsel for the applicants made a settlement offer to City staff to resolve the dispute and avoid potential litigation. A memo prepared by staff detailing this matter is attached to the agenda and is also available for review upon request at the City Clerk’s Office, where it is on file.
Memo prepared by staff detailing this matter23-468
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957 (b)(1) Title: City Attorney
September 19, 2023City Council Agenda
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to the provisions of Government Code Section §54957.6:
Agency Designated Representatives:
Robert Nisbet, City Manager
Kristine Schmidt, Assistant City Manager
Megan Garibaldi, City Attorney
Employee Organization: Goleta General Employees Unit and Goleta Miscellaneous Employees Unit
September 19, 2023City 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
CITY MANAGER/STAFF REPORT
• Ellwood Mesa/Sperling Preserve Butterfly Management Plan A. CONSENT CALENDAR
Approval of the City Council Meeting Minutes of September 5, 2023A.1 23-462 Approve the City Council Meeting Minutes of September 5, 2023.Recommendation:
Deborah S. Lopez, City ClerkStaff:
Annual Comprehensive Financial Report for the Year Ended June 30, 2022
A.2 23-365
Accept the Annual Comprehensive Financial Report for the Year Ended June 30, 2022.
Recommendation:
Luke Rioux, Finance Director
Tony Gonzalez, Accounting Manager
Staff:
Acceptance of the July 2023 Check RegisterA.3 23-422
Accept the check register for the month of July 2023.Recommendation:
Luke Rioux, Finance DirectorStaff:
September 19, 2023City Council Agenda
Acceptance of the June 2023 Investment Transaction ReportA.4 23-451 Accept the investment transaction report for the month of June 2023.Recommendation:
Luke Rioux, Finance DirectorStaff:
Acceptance of the May 2023 Investment Transaction ReportA.5 23-436 Accept the investment transaction report for the month of May 2023.Recommendation:
Luke Rioux, Finance DirectorStaff:
3CE Digital Equity Program GrantA.6 23-438
A. Authorize the City Manager to execute a Grant Agreement with Central Coast Community Energy (3CE) for a Digital Equity Program with a termination date of September 30, 2024;
B. Authorize the City Manager to accept grant funds in the amount of $75,000 from 3CE;
C. Authorize the City Manager to award and execute a Grant Agreement with Economic Development Collaborative for the execution of the Central Coast Community Energy Digital Equity Program in the amount not to exceed $75,000 with a termination date September 30, 2024; and
D. Approve a budget appropriation and grant revenue adjustment in the amount of $75,000 for the Grant Agreements with 3CE and Economic Development Collaborative into Fund 217 as identified in the fiscal impact section of the report.
Recommendation:
Robert Nisbet, City Manager
Shannon Kirn, Management Analyst
Staff:
Utility Cost Sharing at the Goleta Community CenterA.7 23-447 Approve the methodology to share utility costs among the City and its tenants at the Goleta Community Center based on square footage occupied by each tenant, effective retroactively to January 1, 2023.
Recommendation:
Matthew R. Fore, General Services Director
Cassidy Le Air, Management Analyst
Staff:
September 19, 2023City Council Agenda
Amendment No. 2 to Agreement with Holmes Structures for Professional Services Related to Capital Improvements at the Goleta Community Center
A.8 23-450
Authorize the City Manager to execute Amendment No. 2 to Agreement No. 2022-070 with Holmes Structures for professional design services and additional project support for the Goleta Community Center Seismic Improvement Project, increasing the contract authority by $ 50,000, for a total not -to-exceed amount of $133,500 and extending the termination date to June 30, 2024.
Recommendation:
Matthew R. Fore, General Services DirectorStaff:
Approve Right of Way Agreement and accept Grant Deed for property required for the San Jose Creek Multipurpose Path Northern and Southern Segments Project
A.9 23-433
A. Approve and Authorize the City Manager to execute the Right of Way Agreement with Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust; Phyllis E. Kellogg; and Roma L. Simpson, Trustee of Roma L. Simpson Trust for Assessor Parcel Number 071 -090-074, including any required escrow transactional documents; and
B. Authorize the City Clerk to accept the Grant Deeds of property required from Assessor Parcel Number 071-090-074 owned by Paul S. Kellogg and Rita L. Diewold, Trustees of the KD Living Trust; Phyllis E. Kellogg; and Roma L. Simpson, Trustee of Roma L .
Simpson Trust for the San Jose Creek Multipurpose Path Northern and Southern Segments Project.
Recommendation:
Charles W. Ebeling, Public Works Director
Teresa Lopes, Senior Project Engineer
Staff:
Amendment No. 3 to Professional Services Agreement 2021-026 with Flowers & Associates, Inc.
A.10 23-435
Authorize the City Manager to execute Amendment No. 3 to Professional Services Agreement No. 2021-026 with Flowers & Associates, Inc. for inspection support services, increasing the contract authority by $ 120,000, for a new total not -to-exceed contract amount of $ 335,000 and extending the termination date to June 30, 2025.
Recommendation:
Charles W. Ebeling, Public Works Director
Melissa Angeles, Assistant Engineer
Staff:
September 19, 2023City Council Agenda
Public Works Environmental Services Professional Services Agreement with Willdan Engineering
A.11 23-431
Authorize the City Manager to execute a Professional Services Agreement for stormwater services with Willdan Engineering in the amount of $125,000, with a termination date of June 30, 2024.
Recommendation:
Charles W. Ebeling, Public Works Director
Melissa Nelson, Environmental Services Manager
Staff:
Resolution Authorizing Agreements with the State of California Department of Transportation and the County of Santa Barbara Associated with San Jose Creek Multipurpose Path Project A.12 23-424
A. Adopt Resolution No. 23-__ entitled, “A Resolution of the City Council of the City of Goleta, California, Authorizing the City Manager to Execute Agreements and Related Documents and Amendments Thereto with the State of California Department of Transportation Associated with San Jose Creek Multipurpose Path Project”; and
B. Adopt Resolution No. 23-__ entitled, “A Resolution of the City Council of the City of Goleta, California, Authorizing the City Manager to Execute Agreements and Related Documents and Amendments Thereto with County of Santa Barbara Associated with San Jose Creek Multipurpose Path Project.”
Recommendation:
Charles W. Ebeling, Public Works Director
Teresa Lopes, Senior Project Engineer
Staff:
Approve Right of Way Agreement and Accept Grant Deed for Property to Facilitate the Ekwill Street and Fowler Road Extensions Project
A.13 23-456
A. Approve and authorize the City Manager to execute the Right of Way Agreement with Thornwood Real Estate, LLC; and
B. Authorize the City Clerk to accept the Grant Deeds of property for Assessor Parcel Numbers 071-170-079, -080, -083 owned by Thornwood Real Estate, LLC for the Ekwill Street and Fowler Road Extensions Project.
Recommendation:
Charles W. Ebeling, Public Works Director
Gerald Comati, Contract Project Manager
Staff:
September 19, 2023City Council Agenda
Second Reading of Proposed Ordinance adopting a Second
Amendment to Development Agreement for SyWest/Goleta
Gardens LLC, 907 South Kellogg Avenue, APN 071-190-035; Case No. 23-0002-ORD
A.14 23-434
Conduct second reading (by title only) and waive further reading of Ordinance No. 23- ___, entitled “An Ordinance of the City Council of the City of Goleta, California, Approving a Second Amendment to the Goleta Gardens LLC Development Agreement to Provide that the Term of the Development Agreement Must Not Extend Beyond the Date the Coastal Commission Certifies the City ’s Local Coastal Program or December 31, 2024, Whichever Occurs First; 907 S Kellogg Avenue; Case No . 23-0002-ORD.”
Recommendation:
Peter Imhof, Planning and Environmental Review Director Lisa Prasse, Current Planning Manager
Kathy Allen, Supervising Senior Planner
Staff:
Donation for a Hydration Station at the Goleta Community CenterA.15 23-460 Approve a donation from the El Gato Channel Foundation, in an amount not to exceed $ 7,500, to cover the costs of a Hydration Station, three years of maintenance and filters, a handrail and installation costs for the Goleta Community Center.
Recommendation:
Jaime A. Valdez, Neighborhood Services Director
JoAnne Plummer, Parks and Recreation Manager
Kelsey Hamilton, Recreation Supervisor
Staff:
B. PRESENTATION
Presentation of Blue City CertificationB.1 23-465
Receive presentation of certification from the Blue City Network.Recommendation:
Peter Imhof, Planning and Environmental Review Director Dana Murray, Sustainability Manager
Staff:
NatureTrack Film Festival 5th Anniversary (Certificate of Recognition)
B.2 23-458
September 19, 2023City Council Agenda
C. PUBLIC HEARING
Request to Amend the Camino Real Specific Plan and
Development Plan, Removal of the Specific Plan Overlay
Designation and Approval of the Storke Medical Office Buildings with a daycare use at 6975 Santa Felicia Drive
C.1 23-421
It is recommended that the City Council:
A. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 23 -____ entitled “An Ordinance of the City Council of the City of Goleta, California Approving a Specific Plan Amendment to the remove APN 073-440-026 from the
Camino Real Specific Plan, Approving the removal of the Specific Plan zoning Overlay Designation on the subject property, and Finding that the Ordinance is Exempt under the California Environmental Quality Act at 6975 Santa Felicia Drive; APN 073- 440-026; Case Nos. 21-0002-SP and 22-0002-ORD”
B. Adopt City Council Resolution No. 23 -____ entitled “A Resolution of the City Council of the City of Goleta, California Approving an Amendment to the Camino Real Development Plan (95-DP-026) and approving a Development Plan to allow two Medical Office Buildings with a total area of 37,200 square feet and daycare use and associated site improvements with an approximately 2’ height adjustment and Finding that the Resolution is Exempt under the California Environmental Quality Act at 6975 Santa Felicia Drive; APN 073-440-026; Case Nos. 21-0005-DP and 23-0001-DPAM” C. Direct staff to file a Notice of Exemption for the Ordinance and Resolution listed in A and B.
Recommendation:
Peter Imhof, Planning and Environmental Review Director Mary Chang, Supervising Senior Planner
Christina McGuire, Associate Planner
Staff:
45 minutesEstimated Time:
September 19, 2023City Council Agenda
D. DISCUSSION/ACTION ITEM
Law Enforcement Services Agreement with County of Santa Barbara from July 1, 2023, through June 30, 2027
D.1 23-467
Approve and authorize the Mayor to execute City of Goleta Contract Law Enforcement Services Agreement between the City of Goleta and the County of Santa Barbara from July 1, 2023, through June 30, 2027.
Recommendation:
Robert Nisbet, City Manger
Megan Garibaldi, City Attorney
Luke Rioux, Finance Director
Jaime A. Valdez, Neighborhood Services Director
Staff:
30 minutesEstimated Time:
Fiscal Year 2022/23 Fourth Quarter (Year-End) Financial Review (Unaudited)
D.2 23-432
Adopt Resolution No. 23-__ 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.”
Recommendation:
Luke Rioux, Finance Director
Tony Gonzalez, Accounting Manager
Staff:
20 minutesEstimated Time:
Waste Reduction Program UpdateD.3 23-423
A. Receive a Waste Reduction Program Update;
B. Approve the renaming of the Public Works Department ’s Solid Waste and Environmental Services Division to the “Environmental Services Division” and the Solid Waste program to the “Waste Reduction” program; and
C. Approve renaming the Solid Waste Issues Standing Committee, created by Resolution 10-08, to the “Waste Reduction Standing Committee .”
Recommendation:
Charlie W. Ebeling, Public Works Director
Melissa Nelson, Environmental Services Manager
Dan Rowell, Environmental Services Specialist
Staff:
20 minutesEstimated Time:
September 19, 2023City Council Agenda
E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
• 09/11/2023 Public Safety and Emergency Preparedness Standing Committee Meeting • 09/11/2023 Finance and Audit Standing Committee Meeting F. CITY ATTORNEY REPORT