11/7/2023 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, November 07, 2023
Closed Session 5:00 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
5:00 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 5:01 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, and Reyes-Martín
ABSENT: Councilmember Kyriaco
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS None
CLOSED SESSION
Winnie Cai, Assistant City Attorney, read into the record the Closed Session item as follows:
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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
Councilmember Kyriaco was present for the Closed Session.
RECESS TO CLOSED SESSION AT 5:02 P.M.
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 5:43 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
Winnie Cai, Assistant City Attorney, reported on Closed Session Items 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
Megan Garibaldi, City Attorney
Employee Organization: Goleta General Employees Unit and Goleta Miscellaneous Employees Unit
Action:
No reportable action
PUBLIC FORUM
Public Comment Received
Public Speakers:
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Steve Kirkman and Bob Craig spoke regarding enforcement of the Oversized Vehicle Ordinance. Cheri Spencer expressed appreciation to the City Council for their support of pickleball for seniors at the Goleta Valley Community Center.
Mark Preston raised concerns for the golf balls creating pollution at the driving range adjacent to the San Pedro Creek.
Richard Foster spoke to the costs of the Ekwill Fowler Road Extension Project.
David Wilcox, Pickleball Advisory Committee and Goleta Valley Community Center Board Member, spoke to the considerations of open play and reserved play at the Goleta Valley Community Center Pickleball Courts.
Robert Zaida raised concerns regarding the use of Eucalyptus mulch at Ellwood Mesa.
Robin Cederlof spoke to the Hollister Avenue restriping project and asked that the City consider the history of the double layer ed sidewalk on Hollister Avenue while conducting the project.
All public comment received posted online:
Jack Wolever
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
CITY MANAGER/STAFF REPORT
Robert Nisbet announced the following Important Cultural Observances:
• International Day of People with Disabilities - December 3, 2023 • International Human Rights Day - December 10, 2023
• Hanukkah (Chanukah) - December 7, 2023 through December 15, 2023 • Christmas Day - December 25, 2023
• Kwanzaa - December 26, 2023 through January 1, 2024.
Mr. Nisbet also announced the 2024 bilingual LEAD Academy is accepting applications and encouraged those interested to apply.
A. CONSENT CALENDAR
A.1 Approval of the City Council Meeting Minutes of October 17, 2023
Approve the City Council Meeting Minutes of October 17, 2023.
Approval of the City Council Meeting Minutes of October 17, 2023
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to approve
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the City Council Meeting Minutes of October 17, 2023.
VOTE: Motion approved by the following roll call v ote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
A.2 Acceptance of the August 2023 Investment Transaction Report
Accept the investment transaction report for the month of August 2023.
Acceptance of the August 2023 Investment Transaction Report
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to accept the investment transaction report 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.3 Acceptance of the September 2023 Check Register
Accept the check register for the month of September 2023.
Acceptance of the September 2023 Check Register
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to a ccept the check register for the month of September 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 Temporary Construction Easement Agreements for the Ekwill Street and Fowler Road Extensions and Hollister Avenue Bridge Projects
Adopt Resolution No. 23-__ entitled, "A Resolution of the City Council of the City of Goleta, California, authorizing the City Manager to execute Temporary Construction Easement Agreements and City Clerk to accept Temporary Construction Easement Grant Deeds for the Ekwill Street and Fowler Road Extensions and Hollister Avenue Bridge Projects."
Temporary Construction Easement Agreements for the Ekwill Street and Fowler Road Extensions and Hollister Avenue Bridge Projects
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to adopt Resolution No. 23-58 entitled, "A Resolution of the City Council of the City of Goleta, California, authorizing the City Manager to
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execute Temporary Construction Easement Agreements and City Clerk to accept Temporary Construction Easement Grant Deeds for the Ekwill Street and Fowler Road Extensions and Hollister Avenue Bridge Projects."
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 First Amendment to the Cathedral Oaks Overhead Construction and Maintenance Agreement for the Cathedral Oaks Road/Hollister Avenue/US 101 Overcrossing Project
Authorize the City Manager to execute the First Amendment to the Cathedral Oaks Overhead Construction and Maintenance Agreement to assign to the City all of the rights, title, interest, and obligations set forth in the Construction and Maintenance Agreement 05R058, between the State of California and Union Pacific Railroad.
First Amendment to the Cathedral Oaks Overhead Construction and Maintenance Agreement for the Cathedral Oaks Road Hollister Avenue US 101 Overcrossing Project
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to authorize the City Manager to execute the First Amendment to the Cathedral Oaks Overhead Construction and Maintenance Agreement to assign to the City all of the rights, title, interest, and obligations set forth in the Construction and Maintenance Agreement 05R058, between the State of California and Union Pacific Railroad.
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 Resolution Approving the Submittal of Applications for all CalRecycle Grants for a five-year term
Adopt Resolution 23-___, entitled, "A Resolution of the City Council of the City of Goleta, California, authorizing submittal of application(s) for all CalRecycle Grants for which the City of Goleta is eligible."
Resolution Approving the Submittal of Applications for all CalRecycle Grants for a five-year term
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to adopt Resolution 23-59, entitled, "A Resolution of the City Council of the
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City of Goleta, California, authorizing submittal of application(s) for all CalRecycle Grants for which the City of Goleta is eligible." 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 Amendment to Professional Design Service Agreements with Dewberry Engineers, Inc., for the Ekwill Street and Fowler Road Extensions Project
Authorize the City Manager to execute Amendment No. 10 to Professional Design Services Agreement No. 2012 -090 with Dewberry Engineers, Inc., increasing the contract authority by $628,819, for a new total contract amount of $6,472,586, for the Ekwill Street and Fowler Road Extensions Project (Project No. 9002).
Amendment to Professional Design Service Agreements with Dewberry Engineers, Inc., for the Ekwill Street and Fowler Road Extensions Project
Public Speaker:
Richard Foster raised concerns on the cost increase to the Dewberry Engineer's Inc.'s contract for the Ekwill Street and Fowler Road Extensions Project.
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to authorize the City Manager to execute Amendment No. 10 to Professional Design Services Agreement No. 2012 -090 with Dewberry Engineers, Inc., increasing the contract authority by $628,819, for a new total contract amount of $6,472,586, for the Ekwill Street and Fowler Road Extensions Project (Project No. 9002).
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 Amendment No. 4 to Franchise Agreement for Solid Waste Handling Services
Authorize the City Manager to execute Amendment No. 4 to the Franchise Agreement No. 2011 -023 for Solid Waste Handling Services with MarBorg Industries to comply with Senate Bill 1383 and the City's subsequent Organics Waste Disposal Ordinance.
Amendment No. 4 to Franchise Agreement for Solid Waste Handling Services
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to authorize the City Manager to execute Amendment No. 4 to the
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Franchise Agreement No. 2011 -023 for Solid Waste Handling Services with MarBorg Industries to comply with Senate Bill 1383 and the City's subsequent Organics Waste Disposal Ordinance.
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.9 Office of Traffic Safety Pedestrian and Bicycle Safety Program Grant
A. Approve and authorize the City Manager to enter into a Grant Agreement in the amount of $103,587 with the Office of Traffic Safety for a Pedestrian and Bicycle Safety Program; B. Authorize the City Manager to execute a Professional Services Agreement with MOVE Santa Barbara in a not -to-exceed amount of $94,939, with an expiration date of December 31, 2024, to administer the Pedestrian and Bicycle Safety Program; and C. Approve grant revenue of $103,587 in account 409-50-5500-44600 and a budget appropriation of $8,648 in account 409-50-5500-54010 and $94,939 in account 409-50-5500-51300.
Office of Traffic Safety Pedestrian and Bicycle Safety Program Grant
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to A. Approve and authorize the City Manager to enter into a Grant Agreement in the amount of $103,587 with the Office of Traffic Safety for a Pedestrian and Bicycle Safety Program; B. Authorize the City Manager to execute a Professional Services Agreement with MOVE Santa Barbara in a not -to-exceed amount of $94,939, with an expiration date of December 31, 2024, to administer the Pedestrian and Bicycle Safety Program; and C. Approve grant revenue of $103,587 in account 409 -50-5500-44600 and a budget appropriation of $8,648 in account 409 -50-5500-54010 and $94,939 in account 409-50-5500-51300.
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 Approval of Plans and Specifications, and Authorization to Advertise for Bids for the Mathilda Park Improvements
A. Approve Plans and Specifications for Mathilda Park Improvements; and B. Authorize staff to advertise a notice inviting bids for Mathilda Park Improvements.
Approval of Plans and Specifications, and Authorization to Advertise for Bids for the Mathilda Park Improvements
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MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to A.
Approve Plans and Specifications for Mathilda Park
Improvements; and B. Authorize staff to advertise a notice inviting bids for Mathilda Park Improvements.
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 Approval of the 2023 -2024 Agreement for Operation of a Free Countywide Library System
Approve and authorize the City Manager to execute an Agreement for Operation of a Free Countywide Library System for Fiscal Year 2023 -2024 between the County of Santa Barbara and the City of Goleta.
Approval of the 2023-2024 Agreement for Operation of a Free Countywide Library System
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to approve and authorize the City Manager to execute an Agreement for Operation of a Free Countywide Library System for Fiscal Year 2023-2024 between the County of Santa Barbara and the City of Goleta.
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.12 Award of Contracts for Interim Housing and Homeless Services to Good Samaritan Shelter's Hedges House of Hope and PATH's Santa Barbara Shelter
A. Authorize the City Manager to execute a Professional Services Agreement between City of Goleta and Good Samaritan Shelter for the reservation of four beds at Hedges House of Hope (Hedges) for 18 months from January 1, 2024, to June 30, 2025, in an amount not to exceed $144,408; and B. Authorize the City Manager to execute a Professional Services Agreement between City of Goleta and PATH for the reservation of two beds at PATH Santa Barbara (PATH) for 18 months from January 1, 2024, to June 30, 2025 in an amount not to exceed $72,204.
Award of Contracts for Interim Housing and Homeless Services to Good Samaritan Shelter's Hedges House of Hope and PATH's Santa Barbara Shelter
MOTION: Councilmember Kyriaco /Mayor Pro Tempore Richards to A. Authorize the City Manager to execute a Professional
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Services Agreement between City of Goleta and Good Samaritan Shelter for the reservation of four beds at Hedges House of Hope (Hedges) for 18 months from January 1, 2024, to June 30, 2025, in an amount not to exceed $144,408; and B. Authorize the City Manager to execute a Professional Services Agreement between City of Goleta and PATH for the reservation of two beds at PATH Santa Barbara (PATH) for 18 months from January 1, 2024, to June 30, 2025 in an amount not to exceed $72,204.
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 Certificate of Recognition United Boys and Girls Clubs of Santa Barbara County Gold Club Members
Certificate of Recognition United Boys and Girls Clubs of Santa Barbara County Gold Club Members
Michael Baker, President and CEO United Boys and Girls Clubs of Santa Barbara County, expressed appreciation to the City Council for providing recognition to the United Boys and Girls Clubs of Santa Barbara County Gold Club Members.
The City Council presented Certificates of Recognition to the United Boys and Girls Clubs of Santa Barbara County Gold Club Members.
C. PUBLIC HEARING
C.1 First Reading - Cannabis Business License Ordinance Amendments and Cannabis Business Tax Rate Update
A. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 23 -__, entitled "An Ordinance of the City of Goleta, California Amending Chapter 3.08 of Title 3 of the City of Goleta Municipal Code Entitled Cannabis Business Tax and Amending Chapter 5.09 of Title 5 of the City of Goleta Municipal Code Entitled Commercial Cannabis Businesses;" and B. Find that the adoption of the Ordinance is exempt from the California Environmental Quality Act under Guideline 15301(c) and direct staff to file a Notice of Exemption within five business days.
First Reading - Cannabis Business License Ordinance Amendments and Cannabis Business Tax Updates
Public Comment Received
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Staff Speaker:
Luke Rioux, Finance Director, provided a presentation titled, "First Reading - Cannabis Business Tax and Cannabis Business License Ordinance Amendments" dated November 7, 2023 (presentation on file).
OPENED THE PUBLIC HEARING AT 6:42 P.M.
Public Speakers:
Amanda Clark, Compliance Supervisor Sublime Cannabis Delivery, and Whitney Collie, Vice President Compliance Coastal Bloom Nursery spoke in support of staff recommendation.
All public comment received posted online:
Whitney Collie, Vice President Compliance Sublime Cannabis Delivery
CLOSED THE PUBLIC HEARING AT 7:01 P.M.
MOTION: Mayor Pro Tempore Richards /Councilmember Kyriaco to A. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 23 -__, entitled "An Ordinance of the City of Goleta, California Amending Chapter 3.08 of Title 3 of the City of Goleta Municipal Code Entitled Cannabis Business Tax and Amending Chapter 5.09 of Title 5 of the City of Goleta Municipal Code Entitled Commercial Cannabis Businesses;" as amended to not include amendments to Municipal Code Section
5.09.110, Opening Requirements for Cannabis Manufacturing Businesses; and B. Find that the adoption of the Ordinance is exempt from th e California Environmental Quality Act under Guideline 15301(c) and direct staff to file a Notice of Exemption within five business days.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco and Reyes-Martín. Noes: None.
C.2 Santa Barbara Airport Land Use Compatibility Plan General Plan and Title 17 (Zoning) Amendments
A. Adopt Resolution No. 23 -___, entitled "A Resolution of the City Council of the City of Goleta, California, Adopting Amendments to the City of Goleta General Plan / Coastal Land Use Plan to Ensure Consistency with the Santa Barbara Airport Land Use Compatibility Plan and Determine the Amendments to be Exempt from CEQA Pursuant to CEQA Guidelines Sections 15060(c)(3), 15378(b)(5), and 15061(b)(3) (Case No. 22 -0001-GPA)."B. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No.
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23-__, entitled, "An Ordinance of the City Council of the City of Goleta, California, Amending Title 17 (Zoning) of the Goleta Municipal Code to Ensure Consistency with the Santa Barbara Airport Land Use Compatibility Plan and Determining the Ordinance to be Exempt from CEQA Pursuant to CEQA Guidelines Sections 15060(c)(3), 15378(b)(5), and 15061(b)(3) (Case No. 23 - 0001-ORD)."
Santa Barbara Airport Land Use Compatibility Plan General Plan and Title 17 (Zoning) Amendments
Public Comment Received
Staff Speakers:
Anne Wells, Advance Planning Manager, and Andy Newkirk, Supervising Senior Planner, provided a presentation titled, "Santa Barbara Airport Land Use Compatibility Plan General Plan and Title 17 (Zoning) Amendments" dated November 7, 2023.
Nick Johnson, Aviation Consultant
OPENED THE PUBLIC HEARING AT 7:03 P.M.
All public comment received posted online: Nina and Fred Meyer, Ingeborg Cox, MD, MPH, and Crystal Mendoza
CLOSED THE PUBLIC HEARING AT 7:55 P.M.
MOTION: Councilmembers Kasdin/Kyriaco to A. Adopt Resolution No. 23 - 60, entitled "A Resolution of the City Council of the City of Goleta, California, Adopting Amendments to the City of Goleta General Plan / Coastal Land Use Plan to Ensure Consistency with the Santa Barbara Airport Land Use Compatibility Plan and
Determine the Amendments to be Exempt from CEQA Pursuant to CEQA Guidelines Sections 15060(c)(3), 15378(b)(5), and 15061(b)(3) (Case No. 22 -0001-GPA)." B. Introduce and conduct first reading (by title only) and waive furthe r reading of Ordinance No. 23 -__, entitled, "An Ordinance of the City Council of the City of Goleta, California, Amending Title 17 (Zoning) of the Goleta Municipal Code to Ensure Consistency with the Santa Barbara Airport Land Use Compatibility Plan and Determining the Ordinance to be Exempt from CEQA Pursuant to CEQA
Guidelines Sections 15060(c)(3), 15378(b)(5), and 15061(b)(3) (Case No. 23-0001-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.
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D. DISCUSSION/ACTION ITEM
D.1 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
Staff Speaker:
Kristy Schmidt, Assistant City Manager
The City Council provided direction to staff on the development of a new Human Services Standing Subcommittee of the City Council.
E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Mayor Perotte announced a Homelessness Issues Standing Committee Meeting would take place on Tuesday, November 14, 2023, at 6:00 P.M. at City Hall.
Robert Nisbet, City Manager, reported that Assembly member Hart would be holding sidewalk office hours at the Goleta Valley Community Center on November 8, 2023, at 9:00 a.m.
F. CITY ATTORNEY REPORT
None
ADJOURNED AT 8:27 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK