Tuesday, October 17, 2023
Closed Session 4:30 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 17, 2023City Council Agenda
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING
The City of Goleta currently provides in person participation as well as virtual participation until further notice. The public may alternatively view the meeting on Goleta Channel 19 and/or online at www.cityofgoleta.org/meetings-agendas 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 10 minutes prior to the start of the meeting (4:20 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 17, 2023City Council Agenda
FOR OPEN SESSION PARTICIPATION
Join Meeting Electronically at:
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Passcode: 994588
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.
October 17, 2023City Council Agenda
4:30 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 matter23-510
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
October 17, 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
• Native American Heritage Month - November 2023
• Veteran's Day - November 11, 2023
• Diwali - November 12, 2023
• Thanksgiving Day - November 23, 2023
A. CONSENT CALENDAR
Approval of the City Council Meeting Minutes of October 3, 2023A.1 23-504 Approve the City Council Meeting Minutes of October 3, 2023.Recommendation:
Deborah S. Lopez, City Clerk
Staff:
October 17, 2023City Council Agenda
Establishment of an Ad Hoc 2024 Legislative Issues Committee and Appointment of the Mayor and Mayor Pro Tempore to the Committee
A.2 23-500
A. Adopt Resolution No. 23-___entitled, “A Resolution of the City Council of the City of Goleta, California Establishing an Ad Hoc 2024 Legislative Issues Committee;” and
B. Approve the mayoral appointment of the Mayor and Mayor Pro Tempore to serve on the Ad Hoc 2024 Legislative Issues
Committee.
Recommendation:
Robert Nisbet, City Manager
Shannon Kirn, Acting Assistant to the City Manager
Staff:
Approval of Final Parcel Map 32,064 located at 6861 and 6865 Hollister Avenue (Target Shopping Center)
A.3 23-480
Adopt Resolution No. 23- ___ entitled “A Resolution of the City Council of the City of Goleta, California, Authorizing the Execution and Recordation of Final Parcel Map 32,064 for MGP XII KB GOLETA LLC a Delaware Limited Liability Company, by Merlone Geier XII LLC a California Limited liability Company, its manager, located at 6861 and 6865 Hollister Avenue, Case No. 23-0001-SUB.”
Recommendation:
Charles W. Ebeling, Public Works Director
Mark Schleich, Contract Principal Engineer
Staff:
No Parking Zones on Valdez Avenue at Covington Way and Carlo Drive at Covington Way
A.4 23-481
Adopt Resolution No. 23-___, entitled “A Resolution of the City Council of the City of Goleta, California, Authorizing No Parking Zones on Valdez Avenue at Covington Way and Carlo Drive at Covington Way.” Recommendation:
Charles W. Ebeling, Public Works Director
Derek Rapp, Contract Traffic Engineer
Staff:
October 17, 2023City Council Agenda
B. PUBLIC HEARING
Public Hearing on Ellwood Mesa Monarch Butterfly Habitat Management Plan Development Plan/ In-Concept Coastal
Development Permit
B.1 23-495
A. Conduct a public hearing to take verbal and written testimony; B. Adopt Resolution No. 23-____ entitled “A Resolution of the City Council of the City of Goleta, California, Adopting an Addendum to the Ellwood Mesa Monarch Butterfly Habitat Management Plan Initial
Study/Mitigated Negative Declaration Pursuant to Section 15164 of the State CEQA Guidelines and Approving the Development Plan and In-Concept Coastal Development Permit for the Phase I
Implementation Plan of the Ellwood Mesa Monarch Butterfly Habitat Management Plan.”
C. Authorize submittal of a Coastal Development Permit application to the California Coastal Commission.
Recommendation:
Charles Ebeling, Public Works Director
George Thomson, Parks and Open Space Manager
Andrew Fuller, Senior Civil Engineer
Staff:
75 minutesEstimated Time:
October 17, 2023City Council Agenda
C. DISCUSSION/ACTION ITEM
Approval of Professional Service Agreements and Amendments for the Ellwood Mesa /Sperling Preserve Open Space Monarch
Butterfly Habitat Management Plan
C.1 23-494
A. Authorize the City Manager to execute Amendment No. 2 to Agreement No. 2021-056 with Althouse and Meade, Inc ., for butterfly aggregation site assessments and habitat enhancement recommendations, increasing the contract amount by $535,850 for a new total not-to-exceed amount of $1,042,604 and with a termination date of June 30, 2025;
B. Authorize the City Manager to execute Amendment No. 2 to Agreement No. 2021-063 with Rincon Consultants, Inc ., for biologist, GIS, and permitting services, increasing the contract amount by $437,881 for a new total not -to-exceed amount of $1,162,392 and with a termination date of June 30, 2025;
C. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2022-096 with Storrer Environmental Services, LLC, for on -call biological survey and monitoring, increasing the contract amount by $44,999 for a new total not -to-exceed amount of $89,998 and with a termination date of June 30, 2025;
D. Authorize the City Manager to execute a Professional Services Agreement with University of California Santa Barbara Cheadle Center for Biodiversity and Ecological Restoration for habitat restoration and enhancement services for a not -to-exceed amount of $631,800 and with a termination date of June 30, 2025;
E. Authorize the City Manager to execute a Purchase Agreement with California Polytechnic State University for new eucalyptus trees in the amount of $66,577.50; and
F. Approve a budget appropriation of $250,000 from account 10-90-9115 -57071 to account 101-90-9112-57070 as identified in the fiscal impact section of the report.
Recommendation:
Charles W. Ebeling, Public Works Director
George Thomson, Parks and Open Space Manager
Andrew Fuller, Senior Civil Engineer
Staff:
30 minutesEstimated Time:
October 17, 2023City Council Agenda
New Human Services Standing SubcommitteeC.2 23-508
Finalize direction to staff on the development of a new Human Services standing subcommittee of the City Council.
Recommendation:
Robert Nisbet, City Manager
Kristy Schmidt, Assistant City Manager
Staff:
60 minutesEstimated Time:
Approve a Supplemental Paid Pregnancy Disability and Parental Bonding Leave Policies
C.3 23-507
Adopt Resolution No. 23-__ entitled, “A Resolution Of The City Council Of The City Of Goleta, California, Authorizing The City Manager To Amend The Memoranda Of Understanding With SEIU, Local 620, And The City ’s Personnel Rules To Provide Supplemental Paid Pregnancy Disability Leave And Supplemental Paid Parental Bonding Leave.”
Recommendation:
Kristine Schmidt, Assistant City Manager Staff:
20 minutesEstimated Time:
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
E. CITY ATTORNEY REPORT