Tuesday, October 3, 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
October 3, 2023City Council Agenda
PUBLIC PARTICIPATION
Speaking at the Meeting - Submit an email to the City Clerk at [email protected] 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 10 minutes prior to the start of the meeting (3:50 pm): 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.
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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.
October 3, 2023City Council Agenda
FOR OPEN SESSION PARTICIPATION
Join Meeting Electronically at:
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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 www.cityofgoleta.org/meetings-agendas
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.
4:00 P.M. - CLOSED SESSION
October 3, 2023City Council Agenda
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 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 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 one 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 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 matter23-482
October 3, 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
• Important Cultural Observances
• Disability Employment Awareness Month – Month of October • Filipino American Heritage Month – Month of October
• Italian American Heritage Month – Month of October
• Indigenous Peoples’ Day – Monday, October 9, 2023
A. CONSENT CALENDAR
Approval of the City Council Meeting Minutes of September 19, 2023
A.1 23-472
Approve the City Council Meeting Minutes of September 19, 2023.Recommendation:
Deborah S. Lopez, City ClerkStaff:
October 3, 2023City Council Agenda
Second Reading of Ordinance to amend the Camino Real Specific Plan and remove the Specific Plan Overlay Designation at 6975 Santa Felicia Drive
A.2 23-471
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 Specific Plan Amendment to 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 the Ordinance is exempt from the California Environmental Quality Act at 6975 Santa Felicia Drive; APN 073-440-026; Case Nos. 21-0002-SP and 22-0002-ORD”.
Recommendation:
Peter Imhof, Planning and Environmental Review Director Mary Chang, Supervising Senior Planner
Christina McGuire, Associate Planner
Staff:
Acceptance of the July 2023 Investment Transaction ReportA.3 23-464 Accept the investment transaction report for the month of July 2023.Recommendation:
Luke Rioux, Finance DirectorStaff:
Acceptance of the August 2023 Check RegisterA.4 23-466
Accept the check register for the month of August 2023.Recommendation:
Luke Rioux, Finance DirectorStaff:
Amendment No. 4 to Legal Services Agreement with Best Best & Krieger
A.5 23-399
A. Approve the Fourth Amendment to Agreement between Best Best & Krieger LLP and the City of Goleta for Legal Services.
B. Authorize the City Manager to execute the Fourth Amendment to Agreement with Best Best & Krieger LLP.
Recommendation:
Robert Nisbet, City ManagerStaff:
Annual Review and Adoption of City’s Investment PolicyA.6 23-463 Adopt Resolution No. 23-__ entitled, “A Resolution of the City Council of the City of Goleta, California, Adopting the City of Goleta Investment Policy and Rescinding Resolution No. 22-56.”
Recommendation:
Luke Rioux, Finance DirectorStaff:
October 3, 2023City Council Agenda
Diversity, Equity, and Inclusion Plan Agreement AwardA.7 23-483 Authorize the City Manager to execute a Professional Services Agreement with Equity Praxis Group in the base amount of $ 74,674.35 and authorize the City Manager to approve additional services up to $7,500, for a total amount not -to-exceed $ 82,174.35, with a term ending December 31, 2024, for development of a Diversity, Equity, and Inclusion Plan and professional consulting services.
Recommendation:
Kristine Schmidt, Assistant City Manager
Shannon Kirn, Management Analyst
Rebecca Eggeman, HR Analyst/DEI Officer
Staff:
Award of Construction Contract for the Dearborn Place and Armitos Avenue Americans with Disabilities Act Improvement Project (Phase II)
A.8 23-454
A. Authorize the City Manager to execute a Construction Contract with Toro Enterprises, Inc. for the Dearborn Place and Armitos Avenue Americans with Disabilities Act Improvements Project (Phase II) in the not -to-exceed amount of $208,780, subject to the requirements of the contract documents;
B. Authorize the City Manager to approve contract change orders for the Dearborn Place and Armitos Avenue Americans with Disability Act Improvements Project (Phase II ), if necessary, in an amount not-to-exceed $41,756; and
C. Authorize a budget appropriation of $15,516.30 from Community Development Block Grant fund balance to account 402-50-5800- 51071.
Recommendation:
Charles W. Ebeling, Public Works Director
Kent Yankee, Contract Project Manager
Staff:
Amendment No. 1 to Professional Services Agreement 2023-052 with Rincon Consultants, Inc.
A.9 23-455
Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2023-052 with Rincon Consultants, Inc ., for the San Jose Creek Multipurpose Path Northern and Southern Segments Project, increasing the contract amount by $151,603, for a new total not-to-exceed amount of $196,560.
Recommendation:
Charles W. Ebeling, Public Works Director
Teresa Lopes, Senior Project Engineer
Staff:
October 3, 2023City Council Agenda
Amendment 3 to Agreement with Filippin Engineering, Inc. for Construction Management and Inspection Services for Crosswalk at Calle Real/Fairview Center Pedestrian Hybrid Beacon Project A.10 23-452
Authorize the City Manager to execute Amendment No. 3 to Professional Services Agreement No. 2022-047 with Filippin Engineering, Inc. for Construction Management and Inspection Services for the Crosswalk at Calle Real /Fairview Center Pedestrian Hybrid Beacon Project in the amount of $ 8,100 for a new total not -to-exceed amount of $56,100.
Recommendation:
Charles W. Ebeling, Public Works Director
Autumn Glaeser, Capital Improvement Program Manager
Staff:
Amendment No. 3 to Professional Services Agreement No . 2018-125 with Hinderliter, De Llamas and Associates
A.11 23-485
Authorize the City Manager to execute Amendment No. 3 to Professional Services Agreement No. 2018-125 with Hinderliter, De Llamas and Associates for ongoing professional consulting, monitoring and compliance services related to cannabis businesses, increasing the maximum contract amount by $ 60,000 for a total not -to-exceed amount of $384,000, and to extend the term of the agreement to June 30, 2025.
Recommendation:
Luke Rioux, Finance Director
Cecilia Rubio, Finance Management Assistant
Staff:
B. PRESENTATION
Southern California Edison Circuit Reliability Review PresentationB.1 23-484 Receive a Southern California Edison Circuit Reliability Review Presentation.
Recommendation:
Robert Nisbet, City ManagerStaff:
20 minutesEstimated Time:
C. DISCUSSION/ACTION ITEM
Hollister Avenue Old Town Interim Striping Project AlternativesC.1 23-442 That City Council provide staff with direction on selecting an alternative for the Hollister Avenue Old Town Interim Striping Project.
Recommendation:
Charles W. Ebeling, Public Works Director
Daniel Virgen Jr, Assistant Engineer
Staff:
45 minutesEstimated Time:
October 3, 2023City Council Agenda
Construction Cooperative Agreement with the State of California Department of Transportation for Local Improvements related to the San Jose Creek Multipurpose Path – Northern and Southern Segments Project Box Culvert Under State Route 217
C.2 23-457
A. Approve and authorize the City Manager to enter into a Project Construction Cooperative Agreement with the State of California Department of Transportation (Caltrans) for Local Improvements related to the San Jose Creek Multipurpose Path - Northern and Southern Segments Project Box Culvert Under State Route 217; and
B. Authorize a budget appropriation of $1,500,000 from Measure A fund balance to account no. 205-90-9006-57071.
Recommendation:
Charles W. Ebeling, Public Works Director
Teresa Lopes, Senior Project Engineer
Staff:
30 minutesEstimated Time:
No Parking Zones on Overpass Road at the Metropolitan Transit District Terminal 2
C.3 23-453
Adopt Resolution No. 23-___, entitled “A Resolution of the City Council of the City of Goleta, California, Authorizing No Parking Zones on Overpass Road at the Metropolitan Transit District Terminal 2 (5353 Overpass Road).”
Recommendation:
Charles W. Ebeling, Public Works Director
Derek Rapp, Contract Traffic Engineer
Staff:
30 minutesEstimated Time:
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
• 9/25/2023 Homelessness Issues Standing Committee Meeting • 9/28/2023 Energy & Green Issues Standing Committee Meeting E. CITY ATTORNEY REPORT