10/3/2023 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, October 03, 2023
Closed Session 4:30 P.M./Regular Meeting 5:30 P.M
City Hall
130 Cremona Drive
Goleta, California
Members of the City Council
Mayor Paula Perotte
Mayor Pro Tempore Kyle Richards
Councilmember Stuart Kasdin
Councilmember Luz Reyes-Martín, District 1
Councilmember James Kyriaco, District 2
Robert Nisbet, City Manager
Deborah S. Lopez, City Clerk
Megan Garibaldi, City Attorney
CALL TO ORDER
Mayor Perotte called the meeting to order at 4:00 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín
ABSENT: None
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None
RECESS TO CLOSED SESSION AT 4:03 P.M.
CLOSED SESSION
Megan Garibaldi, City Attorney, read into record closed session matters by title only:
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
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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 matter
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 5:46 P.M., followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín
ABSENT: None
REPORT FROM CLOSED SESSION
Megan Garibaldi, City Attorney, reported on closed session matters as follows:
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
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Megan Garibaldi, City Attorney
Employee Organization: Goleta General Employees Unit and Goleta Miscellaneous Employees Unit
Action: No reportable action
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
Action: No reportable action
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.
Action: The City Council ran out of time and recessed to the regular session of the City Council meeting.
PUBLIC FORUM
Public Speakers:
Richard Foster spoke to the repeated revisions of the Housing Element and questioned why other city projects have not come to fruition.
Jason Chapman spoke to bicyclist safety and asked for a moment of silence for Ruben Reyes Victoria.
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
CITY MANAGER/STAFF REPORT
Robert Nisbet, City Manager, reported on the Goleta Lemon Festival and shared a video from the event. Mr. Nisbet recommended cancelling the November 21, 2023, City Council meeting, the City Council gave consensus to cancel this meeting. Mr. Nisbet stated the Housing Element will come before the City Council before the end of the year
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and provided an update on the Creek and Watershed Master Plan and the Bike and Pedestrian Master Plan. Mr. Nisbet announced a Closed Session only City Council meeting will be held on November 28, 2023. Mr. Nisbet noted the following 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
A.1 Approval of the City Council Meeting Minutes of September 19, 2023
Approve the City Council Meeting Minutes of September 19, 2023.
Approval of the City Council Meeting Minutes of September 19, 2023
MOTION: Councilmembers Kasdin/ Reyes-Martín to approve the City Council Meeting Minutes of September 19, 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.2 Second Reading of Ordinance to amend the Camino Real Specific Plan and remove the Specific Plan Overlay Designation at 6975 Santa Felicia Drive
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".
Second Reading of Ordinance to amend the Camino Real Specific Plan and remove the Specific Plan Overlay Designation at 6975 Santa Felicia Drive
Public Comment Received
All public comment received posted online: Johanna Chase
MOTION: Councilmembers Kasdin/Reyes-Martín to conduct second reading (by title only) and waive further reading of Ordinance No. 2311, entitled "An Ordinance of the City Council of the City of
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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".
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.3 Acceptance of the July 2023 Investment Transaction Report
Accept the investment transaction report for the month of July 2023.
Acceptance of the July 2023 Investment Transaction Report
MOTION: Councilmembers Kasdin/ Reyes-Martín to accept the investment transaction report for the month of July 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.4 Acceptance of the August 2023 Check Register
Accept the check register for the month of August 2023.
Acceptance of the August 2023 Check Register
MOTION: Councilmembers Kasdin/ Reyes-Martín to accept the check register for the month of August 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.5 Amendment No. 4 to Legal Services Agreement with Best Best & Krieger
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.
Amendment No. 4 to Legal Services Agreement with Best Best & Krieger
MOTION: Councilmembers Kasdin/ Reyes-Martín to A. Approve the Fourth Amendment to Agreement between Best Best & Krieger LLP and
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the City of Goleta for Legal Services. B. Authorize the City Manager to execute the Fourth Amendment to Agreement with Best Best & Krieger LLP.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.6 Annual Review and Adoption of City's Investment Policy
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."
Annual Review and Adoption of City's Investment Policy
MOTION: Councilmembers Kasdin/ Reyes-Martín to adopt Resolution No. 23-51 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."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.7 Diversity, Equity, and Inclusion Plan Agreement Award
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.
Diversity, Equity, and Inclusion Plan Agreement Award
MOTION: Councilmembers Kasdin/ Reyes-Martín to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.8 Award of Construction Contract for the Dearborn Place and Armitos
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Avenue Americans with Disabilities Act Improvement Project (Phase II)
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; andC. Authorize a budget appropriation of $15,516.30 from Community Development Block Grant fund balance to account 402-50-5800-51071.
Award of Construction Contract for the Dearborn Place and Armitos Avenue Americans with Disabilities Act Improvement Project (Phase II)
MOTION: Councilmembers Kasdin/ Reyes-Martín to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Councilmembers Kasdin and Reyes-Martín. Noes: None.
Recusals: Mayor Pro Tempore Richards and Councilmember
Kyriaco.
A.9 Amendment No. 1 to Professional Services Agreement 2023 -052 with Rincon Consultants, Inc.
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.
Amendment No. 1 to Professional Services Agreement 2023 -052 with Rincon Consultants, Inc.
MOTION: Councilmembers Kasdin/ Reyes-Martín to authorize the City
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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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.10 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
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.
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
MOTION: Councilmembers Kasdin/ Reyes-Martín to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.11 Amendment No. 3 to Professional Services Agreement No. 2018 -125 with Hinderliter, De Llamas and Associates
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.
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Amendment No. 3 to Professional Services Agreement No. 2018 -125 with Hinderliter, De Llamas and Associates
MOTION: Councilmembers Kasdin/ Reyes-Martín to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
B. PRESENTATION
B.1 Southern California Edison Circuit Reliability Review Presentation
Receive a Southern California Edison Circuit Reliability Review Presentation.
Southern California Edison Circuit Reliability Review Presentation
Natalie Yanez, Government Relations Manager, Southern California Edison provided a presentation to the City Council titled "Circuit Reliability," dated October 3, 2023 (presentation on file).
Tyler Long, District Manager, Santa Barbara Service Center, Southern California Edison
The City Council received the presentation.
C. DISCUSSION/ACTION ITEM
C.1 Hollister Avenue Old Town Interim Striping Project Alternatives
That City Council provide staff with direction on selecting an alternative for the Hollister Avenue Old Town Interim Striping Project.
Hollister Avenue Old Town Interim Striping Project Alternatives
Public Comment Received
Staff Speakers:
Charles W. Ebeling, Public Works Director
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Derek Rapp, Contract Traffic Engineer
Autumn Glaser, Project Manager
Daniel Virgin Jr., Assistant Engineer
Public Speakers:
Robert Bernstein, and Robert Zaida raised questions and concerns about the project.
Barry Remis and Karen Pusch spoke in support of the Hollister Avenue Old Town Interim Striping Project and made suggestions.
All public comment received posted online:
Robert Bernstein, Alex Pujo, Nancy Eckert
The City Council provided direction to staff
RECESS 8:10 P.M. - 820 P.M.
C.2 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
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.
Staff Speakers:
Teresa Lopes, Senior Project Engineer, Autumn Glaser, Project Manager
Public Speakers:
None
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor
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Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
C.3 No Parking Zones on Overpass Road at the Metropolitan Transit District Terminal 2
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)."
No Parking Zones on Overpass Road at the Metropolitan Transit District Terminal 2 Staff Speakers:
Nina Buelna, Assistant Public Works Director
Derek Rapp, Contract Traffic Engineer, provided a presentation titled "No Parking Zones on Overpass Road" dated October 3, 2023 (presentation on file).
Public Speakers:
Lee Hellner and Robert Zaida spoke about parking issues on Overpass Road.
David Repinski, MTD Project Manager noted MTD will provide sufficient parking for their employees.
MOTION: Councilmembers Kyriaco /Kasdin to adopt Resolution No. 23 -52, 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)."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Mayor Perotte reported on the Homelessness Issues Standing Committee meeting of September 25, 2023, where a possible renewal of the contract with PATH (People Assisting the Homeless) and possibly a contract with Hedges House of Hope to reserve beds, Mayor Perotte noted this would come back to the full Council. The Committee also discussed illegal overnight parking on Phelps Avenue and Pacific Oaks Road.
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Mayor Pro Tempore Richards and Councilmember Reyes-Martín reported on the Energy and Green Issues Standing Committee of September 28, 2023 with updates on Plastic Free Goleta, EV Charging Station at City Hall, and an Electric Vehicle Reach Code.
Councilmember Reyes-Martín thanked the Santa Barbara County Firefighters and Sheriff for participating in the Kellogg School Fall Festival and reported attending a meet and greet hosted by the NAACP at the Direct Relief building with the new Santa Barbara City College President, Erika Endrijonas.
Mayor Perotte announced October 4, 2023 is Walk and Bike to School Day in Goleta and urged drivers to use extra caution. Mayor Perotte note d she would be participating at Brandon School.
E. CITY ATTORNEY REPORT
None
ADJOURNED AT 8:51 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK