10/17/2023 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, October 17, 2023
Closed Session 4:30 P.M.
Regular Meeting
5:30 PM
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
4:30 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Pro Tempore Richards called the meeting to order at 4:30 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín
ABSENT: Mayor Perotte
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None
CLOSED SESSION
Megan Garibaldi, City Attorney, read into the record Closed Session matters as follows:
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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
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
RECESS TO CLOSED SESSION AT 4:31 P.M.
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Richards called the meeting to order at 5:43 P.M., followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín
ABSENT: Mayor Perotte
REPORT FROM CLOSED SESSION
Megan Garibaldi reported on closed session matters as follows:
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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: No Reportable Action.
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
Action: No Reportable Action.
CITY COUNCIL COMMENTS
Mayor Pro Tempore Richards requested a moment of silence to reflect on the tragic events in the Middle East conflict. Councilmembers Kasdin, Kyriaco and Reyes -Martin also expressed comments and condolences over these tragic events.
PUBLIC FORUM
April Reid spoke in opposition to the proposed housing element site Kenwood Village.
Richard Foster raised concerns on the City’s recently awarded Goleta Library Grant and funding. Mr. Foster suggested infrastructure funding should be prioritized.
Mike Diehl and Amy Diehl raised concerns about the Kenwood Village Project.
Phebe Mansur announced a Halloween Event in Old Town Goleta on October 31, 2023, from 3:00 P.M. to 6:00 P.M., and encouraged participants to download the Shop EveryTown app.
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Jordan Perzik spoke in support of the Ellwood Mesa Project and restoration and suggested including the Ellwood Mesa eastern portion.
AMENDMENTS OR ADJUSTMENTS TO AGENDA
Robert Nisbet, City Manager, reported Item C.2, New Human Services Standing Subcommittee would be moved to the November 7, 2023, City Council Meeting.
Public Speakers:
None
CITY MANAGER/STAFF REPORT
Robert Nisbet, City Manager, reported on the following important cultural observances:
First, Native American Heritage Month will be observed during the month of November 2023. Next, Veteran's Day will be observed November 11, 2023 . Third, Diwali will be observed on November 12, 2023 . Finally, Thanksgiving Day will be observed on November 23, 2023.
Mr. Nisbet also shared a reminder that the City Council meeting of November 21, 2023, is cancelled.
A. CONSENT CALENDAR
A.1 Approval of the City Council Meeting Minutes of October 3, 2023
Approve the City Council Meeting Minutes of October 3, 2023.
Approval of the City Council Meeting Minutes of October 3, 2023
MOTION: Councilmembers Kasdin/Reyes -Martín to approve the City Council Meeting Minutes of October 3, 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes - Martín. Noes: None.
A.2 Establishment of an Ad Hoc 2024 Legislative Issues Committee and Appointment of the Mayor and Mayor Pro Tempore to the Committee
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.
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Establishment of an Ad Hoc 2024 Legislative Issues Committee and Appointment of the Mayor and Mayor Pro Tempore to the Committee
MOTION: Councilmembers Kasdin/Reyes -Martín to A. Adopt Resolution No. 23-53 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes - Martín. Noes: None.
A.3 Approval of Final Parcel Map 32,064 located at 6861 and 6865 Hollister Avenue (Target Shopping Center)
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."
Approval of Final Parcel Map 32,064 located at 6861 and 6865 Hollister Avenue (Target Shopping Center)
MOTION: Councilmembers Kasdin/Reyes -Martín to adopt Resolution No. 23-54 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."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes - Martín. Noes: None.
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A.4 No Parking Zones on Valdez Avenue at Covington Way and Carlo Drive at Covington Way
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."
No Parking Zones on Valdez Avenue at Covington Way and Carlo Drive at Covington Way
Staff Speaker:
Derek Rapp, Contract Traffic Engineer
MOTION: Councilmembers Kasdin/Reyes -Martín to adopt Resolution No. 23-55, 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." VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes - Martín. Noes: None.
B. PUBLIC HEARING
B.1 Public Hearing on Ellwood Mesa Monarch Butterfly Habitat Management Plan Development Plan/ In-Concept Coastal Development Permit
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 Per mit application to the California Coastal Commission.
Public Hearing on Ellwood Mesa Monarch Butterfly Habitat Management Plan Development Plan In-Concept Coastal Development Permit - Part 1
Public Hearing on Ellwood Mesa Monarch Butterfly Habitat Management Plan Development Plan In -Concept Coastal Development Permit - Part 2 (LARGER
SIZED FILE)
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Public Hearing on Ellwood Mesa Monarch Butterfly Habitat Management Plan Development Plan In -Concept Coastal Development Permit - Part 3 (LARGER
SIZED FILE)
Public Hearing on Ellwood Mesa Monarch Butterfly Habitat Management Plan Development Plan In -Concept Coastal Development Permit - Part 4 (LARGER
SIZED FILE)
Public Comment Received
Staff Speakers:
George Thomson, Parks and Open Space Manager, provided a presentation titled “Public Hearing Ellwood Mesa Monarch Butterfly Management Plan Phase 1 Implementation Development Plan and Coastal Development Permit” dated October 17, 2023 (presentation on file).
Dr. Stuart Weiss, Creekside Science Chief Scientist
Kyle Nessen, Althouse & Meade, Technical Innovation Unit Program Manager Fred Tan Santa Barbara County Fire Marshal/Battalion Chief
OPENED THE PUBLIC HEARING AT 7:57 P.M.
Ana Citrin, Friends of Ellwood Monarchs, noted the priority should be restoring the aggregation areas and requested clarification on the implementation phases. Ms.
Citron provided suggestions for the signage and that the Design Review Board reconsider the final plans with community feedback.
Cynthia Brock, Friends of Ellwood Monarchs, provided suggestions for the signage and noted the Design Review Board should review the design elements in the final stage of the project noted in the proposed Resolution Sections A., E. G and H.
Craig Wakamiya suggested signage at the entry points to the Ellwood Mesa Preserve and requested tree removal adjacent to his property.
Chris Lange raised concerns on the 900 dump truck loads and the access road they would be carried on. Ms. Lange noted her opposition to large signage and provided suggestions for the Monarch's ideal habitat. Ms. Lange spoke to irrigation and wood chipping.
Robert Zaida raised concerns that wood chips and planting additional eucalyptus trees are fire hazards. Mr. Zaida provided suggestions for a metal gate, and for bridge repair.
Kevin Barthel spoke in support of protecting the Monarch habitat with the planting of trees and suggested minimal signage and the implementation of an app.
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Jordan Perzik spoke in support of maintaining the eastern portion of Ellwood Mesa.
All public comment received posted online:
Emma Pelton
CLOSED THE PUBLIC HEARING AT 8:47 P.M.
MOTION: Councilmembers Kasdin/Reyes -Martín to B. Adopt Resolution No. 23-56 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." and C. Authorize submittal of a Coastal Development Permit application to the California Coastal Commission.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes - Martín. Noes: None.
C. DISCUSSION/ACTION ITEM
C.1 Approval of Professional Service Agreements and Amendments for the Ellwood Mesa/Sperling Preserve Open Space Monarch Butterfly Habitat Management Plan
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
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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.
Approval of Professional Service Agreements and Amendments for the Ellwood Mesa-Sperling Preserve Open Space Monarch Butterfly Habitat Management Plan
Staff Speaker:
George Thomson, Parks and Open Space Manager
Public Speakers:
None
MOTION: Councilmembers Kasdin/Kyriaco to 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 co ntract 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 Un iversity 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
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fiscal impact section of the report.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes - Martín. Noes: None.
C.2 New Human Services Standing Subcommittee
Finalize direction to staff on the development of a new Human Services standing subcommittee of the City Council.
New Human Services Standing Subcommittee
Item C.2 was continued to the City Council meeting of November 7, 2023.
C.3 Approve a Supplemental Paid Pregnancy Disability and Parental Bonding Leave Policies
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."
Approve a Supplemental Paid Pregnancy Disability and Parental Bonding Leave Policies
Staff Speakers:
Kristine Schmidt, Assistant City Manager
MOTION: Councilmembers Kyriaco /Reyes-Martín to adopt Resolution No. 23-57 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."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes - Martín. Noes: None.
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
None
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E. CITY ATTORNEY REPORT
Megan Garibaldi, City Attorney, reported the State Legislature recently passed 56 housing bills and staff is monitoring the items and will return to Council with updates.
ADJOURNED AT 9:25 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK