12/19/2023 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, December 19, 2023
Closed Session 4:30 P.M./Regular Session 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 Perotte called the meeting to order at 4:30 P.M.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín
ABSENT: None
Councilmember Kasdin participated remotely per AB 2449 due to exposure to a contagious illness.
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 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:
• Jorgensen v. City of Goleta, Santa Barbara County Superior Court, Case No. 23CV02328
RECESS TO CLOSED SESSION AT 4:31 P.M.
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 5:31 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
Councilmember Kasdin participated remotely per AB 2449 due to exposure to a contagious illness.
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
Megan Garibaldi, City Attorney
Employee Organization: Goleta General Employees Unit and Goleta Miscellaneous Employees Unit
Action: No reportable action
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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:
• Jorgensen v. City of Goleta, Santa Barbara County Superior Court, Case No. 23CV02328
Action: No reportable action
PUBLIC FORUM
Public Comment Received
Bill Woodbridge shared comments regarding the cost of renting property in Goleta.
Jason Chapman shared comments regarding pedestrian deaths in City of Goleta streets and urged the City Council to institute measures to prevent future traffic collisions.
All public comment received posted online:
Richard Foster
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
CITY MANAGER/STAFF REPORT
Robert Nisbet, City Manager, first acknowledged that this is the last regularly scheduled City Council meeting of the year. Mr. Nisbet also acknowledged the accomplishments of the City Council over the past year and expressed gratitude for being a part of this year’s accomplishments.
Additionally, Mr. Nisbet shared information regarding the upcoming storms.
Furthermore, Mr. Nisbet noted that City Hall will be closed from December 25, 2023, through January 2, 2024, but that City staff will be on-call as needed.
Finally, Mr. Nisbet announced the following important cultural observances:
• January 1, 2024 – New Years Day
• January 15, 2024 – Martin Luther King, Jr. Day
A. CONSENT CALENDAR
ITEMS A.9 AND A.18 WERE PULLED FROM THE CONSENT CALENDAR.
Mayor Perotte recused herself from item A.6 due to a conflict under the Political Reform Act.
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Councilmember Reyes -Martín recused herself from item A.7 due to a conflict under the Political Reform Act.
A.1 Fiscal Year 2023/24 First Quarter Financial Review
A. Adopt Resolution No. 23 -__ entitled, "A Resolution of the City Council of the City of Goleta, California, Amending the City of Goleta Operating and CIP Budget for Fiscal Year 2023/24, Amending the City of Goleta Schedule of Authorized Positions for Fiscal Year 2023/24, and Amending the City of Goleta Salary Schedule for Fiscal Year 2023/24."B. Adopt Resolution No. 23 -_entitled, "A Resolution of the City Council of Goleta, California, Amending the Wage Schedule for Hourly Employees and Intern Assignments Effective January 1, 2024."
Fiscal Year 2023-24 First Quarter Financial Review
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to: A.
Adopt Resolution No. 23 -70 entitled, "A Resolution of the City Council of the City of Goleta, California, Amending the City of Goleta Operating and CIP Budget for Fiscal Year 2023/24, Amending the City of Goleta Schedule of Authorized Positions for Fiscal Year 2023/24, and Amending the City of Goleta Salary Schedule for Fiscal Year 2023/24." B. Adopt Resolution No. 23 - 71 entitled, "A Resolution of the City Council of Goleta, California, Amending the Wage Schedule for Hourly Employees and Intern Assignments Effective January 1, 2024."
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 Acceptance of the September 2023 Investment Transaction Report
Accept the investment transaction report for the month of September 2023.
Acceptance of the September 2023 Investment Transaction Report
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to accept the investment transaction report 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.
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A.3 Acceptance of the October 2023 Investment Transaction Report
Accept the investment transaction report for the month of October 2023.
Acceptance of the October 2023 Investment Transaction Report
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to accept the investment transaction report for the month of October 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 City of Goleta Board and Commissions Handbook
Receive and file the Board and Commission Handbook.
City of Goleta Boards and Commissions Handbook
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to receive and file the Board and Commission Handbook.
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 Annual Financial Report of the City of Goleta's Development Impact Fees for Fiscal Year 2022-23
Adopt Resolution 23 -__ entitled "A Resolution of the City Council of the City of Goleta, California, Approving the Annual Development Impact Fee Financial Report."
Annual Financial Report of the City of Goleta's Development Impact Fees for Fiscal Year 2022-23
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to adopt Resolution 23-72, entitled "A Resolution of the City Council of the City of Goleta, California, Approving the Annual Development Impact Fee Financial Report."
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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A.6 Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendments Ordinance to Facilitate High Density Residential Housing as detailed in Housing Element 2023 -2031 Subprogram 2.1(a) at 7264 Calle Real (APN 077-130-006) (Case No. 23-0004-ORD)
Conduct second reading (by title only, waiving further 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 Change the Zone District and Standards for 7264 Calle Real (APN 077 -130-006) (Case No. 23-0004-ORD)."
Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendments Ordinance to Facilitate High Density Residential Housing as detailed in Housing Element 2023-2031
Public Comment Received
Public Speakers:
April Reid spoke in opposition to the development at 7264 Calle Real (Kenwood Village).
All public comment received posted online:
April Reid
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to conduct second reading (by title only, waiving further reading) of Ordinance No. 23 -14, entitled, "An Ordinance of the City Council of the City of Goleta, California, Amending Title 17 (Zoning) of the Goleta Municipal Code to Change the Zone District and
Standards for 7264 Calle Real (APN 077 -130-006) (Case No. 23- 0004-ORD)."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and
Reyes-Martín. Noes: None. Recused: Mayor Perotte.
A.7 Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendment Ordinance to Facilitate Medium Density Residential Housing at 625 Dara Road as detailed in Housing Element 2023 -2031 Subprogram
2.1(a) (Case No. 23-0004-ORD)
Conduct second reading (by title only, waiving further 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 Change the Zone District for 625 Dara Road (APN 069 -373-064) (Case No. 23 -0004- ORD)."
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Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendment Ordinance to Facilitate Medium Density Residential Housing at 625 Dara Road
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to conduct second reading (by title only, waiving further reading) of Ordinance No. 23 -15, entitled, "An Ordinance of the City Council of the City of Goleta, California, Amending Title 17 (Zoning) of the Goleta Municipal Code to Change the Zone District for 625 Dara Road (APN 069-373-064) (Case No. 23-0004-ORD)."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin and Kyriaco. Noes: None. Recused: Councilmember Reyes - Martín.
A.8 Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendments Ordinance to Facilitate High Density Residential Housing as detailed in Housing Element 2023 -2031 Subprogram 2.1(a) at 449 Kellogg Way (APN 071-130-039) and 469 Kellogg Way (APN 071 -130-010) (Case No. 23-0004-ORD)
Conduct second reading (by title only, waiving further 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 Change the Zone District and Standards for 449 Kellogg Way (APN 071 -130-039) and 469 Kellogg Way (APN 071-130-010) (Case No. 23-0004-ORD)."
Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendments Ordinance to Facilitate High Density Residential Housing at 449 Kellogg Way and 469 Kellogg Way
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to conduct second reading (by title only, waiving further reading) of Ordinance No. 23 -16, entitled, "An Ordinance of the City Council of the City of Goleta, California, Amending Title 17 (Zoning) of the Goleta Municipal Code to Change the Zone District and
Standards for 449 Kellogg Way (APN 071 -130-039) and 469 Kellogg Way (APN 071-130-010) (Case No. 23-0004-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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A.10 Notice of Completion of Various 2023 Winter Storm Emergency Projects
A. Adopt Resolution No. 23 -__ entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Ellwood Beach Drive Drain Repair Project;" B. Adopt Resolution No. 23 -__ entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Cathedral Oaks Slope Stability Project;" andC. Direct the City Clerk to file a Notice of Completion with County Recorder's Office for each of the completed projects.
Notice of Completion of Various 2023 Winter Storm Emergency Projects
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to: A.
Adopt Resolution No. 23 -73 entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Ellwood Beach Drive Drain Repair Project;" B. Adopt Resolution No. 23 -74 entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Cathedral Oaks Slope Stability Project;" and C. Direct the City Clerk to file a Notice of Completion with County Recorder's Office for each of the completed 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.11 Agreement Amendments for the Ellwood Beach Drive Drainage Repair Project
A. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2022-099 with Rincon Consultants, Inc., for environmental consulting services, increasing the agreement amount by $14,259 for a new total not -to-exceed amount of $104,259, extending the termination date to December 31, 2024, and updating the hourly rates; B. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2023 -091 with MNS Engineers, Inc. for professional survey services, increasing the agreement amount by $5,210 for a new total not - to-exceed amount of $109,210 and with a termination date of December 31, 2024; C. Approve a budget appropriation transfer of $100,000 from account 101 - 50-5200-54004 to account 101 -90-9119-57070 as identified in the fiscal impact section of this report; and D. Approve a budget appropriation transfer of $100,000 from account 234-90-9119-57070 to account 234-90-9033-57071.
Agreement Amendments for the Ellwood Beach Drive Drainage Repair Project
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MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to: A.
Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2022 -099 with Rincon Consultants, Inc., for environmental consulting services, increasing the agreement amount by $14,259 for a new total not -to-exceed amount of $104,259, extending the termination date to December 31, 2024, and updating the hourly rates; B. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2023 -091 with MNS Engineers, Inc. for professional survey services, increasing the agreement amount by $5,210 for a new total not -to-exceed amount of $109,210 and with a termination date of December 31, 2024; C. Approve a budget appropriation transfer of $100,000 from account 101 -50-5200-54004 to account 101 -90-9119-57070 as identified in the fiscal impact section of this report; and D.
Approve a budget appropriation transfer of $100,000 from account 234-90-9119-57070 to account 234-90-9033-57071.
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 Amendment for Stormwater and Watershed Management Services with Dudek
A. Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2022 -083 for Stormwater and Watershed Management Services with Dudek to increase the contract authority by $387,000 for a not -to- exceed amount of $771,000 and extend the termination date to June 30, 2025; and B. Approve a budget appropriation of $235,000 from the Solid Waste Fund - Fund Balance to account
Amendment for Stormwater and Watershed Management Services with Dudek
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to: A.
Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2022-083 for Stormwater and Watershed Management Services with Dudek to increase the contract authority by $387,000 for a not -to-exceed amount of $771,000 and extend the termination date to June 30, 2025; and B. Approve a budget appropriation of $235,000 from the Solid Waste Fund - Fund Balance to account
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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A.13 Resolution Authorizing Agreements with the State of California Associated with the Building Forward Library Facilities Improvement Program
A. Adopt Resolution No. 23 -__ entitled, "A Resolution of the City Council of the City of Goleta Authorizing the City Manager to Accept Grant Funds From the State of California Budget Act of 2022 (AB 178) or the State of California Budget Act of 2023 (SB 101) and Execute all Related Documents and Amendments Thereto with the State of California Associated with the Building Forward Library Facilities Improvement Program;" B. Appropriate estimated revenues and expenditures of $4,278,560 from the Building Forward Library Facilities Improvement Program Grant Award to CIP Project No. 9130, as described in the fiscal impact section of the staff report accompanying this agenda item; and C.
Approve budget appropriations and transfers related to the City's $1,069,640 match to the Building Forward Library Facilities Improvement Program project, CIP Project No. 9130, as described in the fiscal impact section of the report.
Resolution Authorizing Agreements with the State of California Associated with the Building Forward Library Facilities Improvement Program
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to adopt A.
Adopt Resolution No. 23 -75 entitled, "A Resolution of the City Council of the City of Goleta Authorizing the City Manager to Accept Grant Funds From the State of California Budget Act of 2022 (AB 178) or the State of California Budget Act of 2023 (SB 101) and Execute all Related Documents and Amendments
Thereto with the State of California Associated with the Building Forward Library Facilities Improvement Program;" B. Appropriate estimated revenues and expenditures of $4,278,560 from the Building Forward Library Facilities Improvement Program Grant Award to CIP Project No. 9130, as described in the fiscal impact section of the staff report accompanying this agenda item; and C.
Approve budget appropriations and transfers related to the City's $1,069,640 match to the Building Forward Library Facilities Improvement Program project, CIP Project No. 9130, as
described in the fiscal impact section of the report.
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.14 Consideration of the 2024 City Council Meeting Schedule and City Hall Holiday Schedule
A. Authorize cancellation of the City Council meetings of July 2, 2024, August 6, 2024, and January 7, 2025; and B. Authorize closure of City Hall from Monday December 23, 2024, through Wednesday January 1, 2025.
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Consideration of the 2024 City Council Meeting Schedule and City Hall Holiday Schedule
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to: A.
Authorize cancellation of the City Council meetings of July 2, 2024, August 6, 2024, and January 7, 2025; and B. Authorize closure of City Hall from Monday December 23, 2024, through Wednesday January 1, 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.
A.15 Amendment No. 1 to Agreement No. 2022 -113 with MNS Engineers, Inc. for Construction Management and Engineering Services at the Goleta Community Center
Authorize the City Manager to execute Amendment No. 1 to Professional Design Services Agreement No. 2022 -113 with MNS Engineers, Inc. for construction management and engineering services at the Goleta Community Center, extending the term of the Agreement to January 31, 2024, increasing the contract authority by $261,646, for a new total contract amount of $608,712, and amending Exhibit B, the Schedule of Fees.
Amendment No. 1 to Agreement No. 2022 -113 with MNS Engineers, Inc. for Construction Management and Engineering Services at the Goleta Community Center
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to authorize the City Manager to execute Amendment No. 1 to Professional Design Services Agreement No. 2022-113 with MNS Engineers, Inc. for construction management and engineering services at the Goleta Community Center, extending the term of the Agreement to January 31, 2024, increasing the contract authority by $261,646, for a new total contract amount of $608,712, and amending Exhibit B, the Schedule of Fees.
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.16 Legislative Platform for Calendar Year 2024
Adopt Resolution No. 23-__ entitled, "A Resolution of the City Council of the City of Goleta, California, Establishing the City of Goleta Legislative Platform for Calendar Year 2024."
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Legislative Platform for Calendar Year 2024
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to adopt Resolution No. 23-76 entitled, "A Resolution of the City Council of the City of Goleta, California, Establishing the City of Goleta Legislative Platform for Calendar Year 2024."
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.17 Goleta Community Center General Policies, Procedures and Rental Application Process
A. Approve the Goleta Community Center Facility Rental Application Process; and, B. Adopt the Goleta Community Center General Policy and Procedure Documents; and, C. Authorize staff to conduct a professional fee study for the Goleta Community Center and associated amenities.
Goleta Community Center General Policies, Procedures and Rental Application Process
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to: A.
Approve the Goleta Community Center Facility Rental Application Process; and, B. Adopt the Goleta Community Center General Policy and Procedure Documents; and, C. Authorize staff to conduct a professional fee study for the Goleta Community Center and associated amenities.
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.19 Goleta Train Depot Approval of Development, Plans and Specifications, Authorization to Advertise for Construction, Approval of Professional Service Agreement with Kitchell/CEM, Inc. for Construction Management, and Amendment No. 4 to PSA No. 2019-071 with COM3 Consultants, Inc.
A. Approve Resolution 23 -__ entitled, "A Resolution of the City Council of the City of Goleta, California Approving the Development for the Goleta Train Depot, Located at 27 S. La Patera Lane; APN 073 -050-033, CIP Project 9079;" and B.
Approve Plans and Specifications for the Goleta Train Depot Project; and C.
Authorize staff to advertise a notice inviting bids for the construction of the Goleta Train Depot Project; and D. Authorize the City Manager to execute an agreement with Kitchell/CEM, Inc. for Construction Engineering, Management, Inspection and Materials Testing for the Goleta Train Depot Project in an amount
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not-to-exceed $1,810,000 and with a term ending June 30, 2026; and E.
Authorize the City Manager to execute Amendment No. 4 to Professional Design Services Agreement 2019 -071 between the City of Goleta and COM3 Consultants, Inc. for project management work on the Goleta Train Depot to expand the scope of work, add $134,000 to the compensation thereby increasing the not-to-exceed amount to $258,000 and extending the term of the agreement to June 30, 2026. F. Approve Budget Expense Appropriation of $100,000 from General Fund Unassigned Fund Balance to the Construction Account in the Goleta Train Depot Project for- Fiscal Year 2023-24.
Goleta Train Depot Approval of Development, Plans and Specifications, Authorization to Advertise for Construction
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to: A.
Approve Resolution 23 -77 entitled, "A Resolution of the City Council of the City of Goleta, California Approving the Development for the Goleta Train Depot, Located at 27 S. La Patera Lane; APN 073 -050-033, CIP Project 9079;" and B.
Approve Plans and Specifications for the Goleta Train Depot Project; and C. Authorize staff to advertise a notice inviting bids for the construction of the Goleta Train Depot Project; and D.
Authorize the City Manager to execute an agreement with Kitchell/CEM, Inc. for Construction Engineering, Management, Inspection and Materials Testing for the Goleta Train Depot Project in an amount not -to-exceed $1,810,000 and with a term ending June 30, 2026; and E. Authorize the City Manager to execute Amendment No. 4 to Professional Design Services Agreement 2019 -071 between the City of Goleta and COM3 Consultants, Inc. for project management work on the Goleta Train Depot to expand the scope of work, add $134,000 to the compensation thereby increasing the not -to-exceed amount to $258,000 and extending the term of the agreement to June 30, 2026. F. Approve Budget Expense Appropriation of $100,000 from General Fund Unassigned Fund Balance to the Construction Account in the Goleta Train Depot Project for - Fiscal Year 2023 -
24. VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín. Noes: None.
ITEMS A.9 AND A.18 WERE PULLED FROM THE CONSENT CALENDAR.
A.9 Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendments Ordinance to Implement Housing Element 2023 -2031 Subprogram HE 2.1(a), (b), and (e) (Case No. 23-0004-ORD)
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Conduct second reading (by title only, waiving further reading) of Ordinance No. 23-__, entitled, "An Ordinance of the City Council of the City of Goleta, California, Amending Various Provisions of Title 17 (Zoning) of the Goleta Municipal Code to Implement Certain Housing Element 2023 -2031 Programs including Rezoning of Specific Properties (Case No. 23-0004-ORD)."
Second Reading of Title 17 (Zoning) of the Goleta Municipal Code Amendments Ordinance to Implement Housing Element 2023 -2031 Subprogram HE 2.1(a), (b), and (e) (Case No. 23-0004-ORD)
Public Speakers:
April Reid spoke in opposition to staff recommendation.
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to conduct second reading (by title only, waiving further reading) of Ordinance No. 23 -17, entitled, "An Ordinance of the City Council of the City of Goleta, California, Amending Various Provisions of Title 17 (Zoning) of the Goleta Municipal Code to Implement Certain Housing Element 2023 -2031 Programs including
Rezoning of Specific Properties (Case No. 23-0004-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.18 Amendment to MOU with WEV for Small Business Loan Program
Authorize the City Manager to execute Amendment No. 1 to the Memorandum of Understanding with Women's Economic Ventures, Agreement No. 2020 -058, for Small Business Loan Program.
Amendment to MOU with WEV for Small Business Loan Program
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Richards to authorize the City Manager to execute Amendment No. 1 to the Memorandum of Understanding with Women's Economic
Ventures, Agreement No. 2020 -058, for Small Business Loan Program.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín. Noes: None.
RECESS TO THE GOLETA RDA SUCCESSOR AGENCY AT 6:13 P.M.
RECONVENE TO THE CITY COUNCIL AT 6:15 P.M.
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B. COUNCIL REORGANIZATION
B.1 Selection of Mayor Pro Tempore
Select a Mayor Pro Tempore from among the members of the City Council.
Selection of Mayor Pro Tempore
Staff Speaker:
Deborah Lopez, City Clerk
Public Speaker:
April Reid spoke in support of Councilmember Reyes -Martín's nomination to the office of Mayor Pro Tempore.
MOTION: Mayor Pro Tempore Richards nominated Councilmember Reyes - Martin to be Mayor Pro Tempore.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Richards, Councilmembers Kasdin, Kyriaco, and Reyes-Martín. Noes: None.
RECESS FROM 6:17 P.M. TO 6:21 P.M.
C. PRESENTATION
C.1 Kristine Schmidt, Assistant City Manager Recognition
Kristine Schmidt, Assistant City Manager Recognition
Mayor Perotte presented a City Tile to outgoing Assistant City Manager Kristine Schmidt.
Public Speakers:
None
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D. PUBLIC HEARING
D.1 Bid Protest and Award of Construction Contract for the Ekwill Street and Fowler Road Extensions Project (includes the Hollister Avenue/State Route 217 Undercrossing Project) and Hollister Avenue Bridge Replacement Project
A. Conduct a public hearing to take verbal and written testimony regarding a bid protest filed by Granite Construction Company ; B. After considering the testimony presented during the public hearing, adopt Resolution 23 -__, entitled, "A Resolution of the City Council of the City of Goleta, California, Rejecting Bid Protest, Approving the Final Plans and Specifications, and Awarding Construction Contract for the Ekwill Street and Fowler Road Extensions Project (includes the Hollister Avenue/State Route 217 Undercrossing Project) and Hollister Avenue Bridge Replacement Project"; C. Authorize the City Manager to execute a Construction Contract with Security Paving Company, Inc. for the Ekwill Street and Fowler Road Extensions Project (includes the Hollister Avenue/State Route 217 Undercrossing Project) and Hollister Avenue Bridge Replacement Project in the not -to-exceed amount of $62,746,460.70, subject to the requirements of the contract documents; D. Authorize the Public Works Director to approve contract change orders for the Ekwill Street and Fowler Road Extensions Project (includes the Hollister Avenue/State Route 217 Undercrossing Project) and Hollister Avenue Bridge Replacement Project, if necessary, in an amount not to exceed $8,801,628.63; E. Authorize budget appropriations in the amount of $14,905,990.60 from various funds as identified in Table 2 of the Fiscal Impacts section of the staff report accompanying this agenda item; and F. Direct staff to prepare a financing reimbursement resolution for consideration and pursue tax -exempt financing as a contingency should Measure A funding not be available.
Bid Protest and Award of Construction Contract for the Ekwill Street and Fowler Road Extensions Project
Public Comment Received
Staff Speakers:
Nina Buelna, Assistant Public Works Director, Charles W. Ebeling, Public Works Director, Melissa Angeles, Assistant Engineer, and Autumn Glaeser, CIP Manager, shared a presentation titled "Bid Protest and Recommendation to Award Construction Contract for Project Connect" dated December 19, 2023 (presentation on file).
12/19/2023 CITY COUNCIL MEETING MINUTES PAGE 17
Ex Parte Disclosures:
No ex parte discussions reported by Councilmember Kyriaco, Councilmember Kasdin, Councilmember Richards, Mayor Pro Tempore Reyes -Martίn, and Mayor Perotte.
Public Speakers:
None
Larry Camilleri, Regional Vice President of Granite Construction, presented the bid protest on behalf of Granite Construction.
Joe Ferndino, Vice President of Security Paving, presented a rebuttal to the bid protest on behalf of Security Paving.
Larry Camilleri, Regional Vice President of Granite Construction, presented a surrebutal on behalf of Granite Construction.
Public Speaker:
Brian Larinan, Chief Estimator at Granite Construction, questioned the City's authority to authorize the approval of contract change orders related to this project.
All public comment received posted online:
Larry Camilleri
MOTION: Councilmembers Richards/Kyriaco moved to: B. After considering the testimony presented during the public hearing, adopt Resolution 23-78, entitled, "A Resolution of the City Council of the City of Goleta, California, Rejecting Bid Protest, Approving the Final Plans and Specifications, and Awarding Construction Contract for the Ekwill Street and Fowler Road Extensions Project (includes the Hollister Avenue/State Route 217 Undercrossing Project) and Hollister Avenue Bridge Replacement Project"; VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
MOTION: Councilmembers Kyriaco/Richards moved to: C. Authorize the City Manager to execute a Construction Contract with Security Paving Company, Inc. for the Ekwill Street and Fowler Road Extensions Project (includes the Hollister Avenue/State Route 217 Undercrossing Project) and Hollister Avenue Bridge
Replacement Project in the not -to-exceed amount of
$62,746,460.70, subject to the requirements of the contract documents; D. Authorize the Public Works Director to approve
12/19/2023 CITY COUNCIL MEETING MINUTES PAGE 18
contract change orders for the Ekwill Street and Fowler Road Extensions Project (includes the Hollister Avenue/State Route 217 Undercrossing Project) and Hollister Avenue Bridge
Replacement Project, if necessary, in an amount not to exceed $8,801,628.63; E. Authorize budget appropriations in the amount of $14,905,990.60 from various funds as identified in Table 2 of the Fiscal Impacts section of the staff report accompanying this agenda item; and F. Direct staff to prepare a financing reimbursement resolution for consideration and pursue tax - exempt financing as a contingency should Measure A funding not be available.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
RECESS FROM 7:44 P.M. TO 7:52 P.M.
E. DISCUSSION/ACTION ITEM
E.1 Consider Adoption of Urgency and Non -Urgency Ordinances for Tenant Protections Adding Chapter 8.19 (Tenant Protections) to Title 8, Health and Safety, of the Goleta Municipal Code
A. Adopt on a four -fifths vote Urgency Ordinance No. 23 -__U, entitled "An Ordinance of the City Council of the City of Goleta, California, Adding Chapter
8.19, Entitled Tenant Protections, to Title 8, Health and Safety, of the Goleta Municipal Code, Determining the Ordinance to be Exempt from CEQA, and Declaring the Urgency Thereof;" and B. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 24 -__, entitled "An Ordinance of the City Council of the City of Goleta, California, Adding Chapter
8.19, Entitled Tenant Protections, to Title 8, Health and Safety, of the Goleta Municipal Code, and Determining the Ordinance to be Exempt from CEQA."
Consider Adoption of Urgency and Non -Urgency Ordinances for Tenant Protections Adding Chapter 8.19 (Tenant Protections)
Public Comment Received
Staff Speakers:
Peter Imhof, Planning and Environmental Review Director, and Lucy Graham, Senior Housing Analyst, provided a presentation titled "Tenant Protections Ordinance (Urgency & Non-Urgency)" dated December 19, 2023 ( presentation on file).
12/19/2023 CITY COUNCIL MEETING MINUTES PAGE 19
Public Speakers:
Brian Johnson, of the Santa Barbara Association of Realtors, Staci Caplan, of the Santa Barbara Association of Realtors, Betty Jeppesen, of the Santa Barbara Rental Property Association, Nick Gonzales, and Ken Alker raised concerns regarding adopting the urgency and non -urgency ordinances for tenant protections as presented.
Joanna Sanchez, of the Santa Barbara Tenant's Union, Stanley Tzankov, of the Santa Barbara Tenant's Union, and Jennifer Smith, of the Legal Aid Foundation of Santa Barbara County spoke in support of adopting the urgency and non -urgency ordinances for tenant protections.
All public comment received posted online:
Robert Bernstein, Maria Navarro, Krista Pleider, Anthony Bordin, Berni Bernstein, John Enterzari, Steve Brown, Allan Jones, Rick Van Wickle, Terry Stain, Brad Frohling, Trenton Hammel, Hammel Family, Bob Ruccione, Michael Ferraro, Chris Kamen, Sharon Lum, Wendy Gronsky, Miguel Avila, Robert, Jenna Harris, Caryn Macias, Brian Bailey, Michael Schaumburg, Mark Goetz, Lyndsay Jones, Jennifer Smith, Bobbi Mcginnis, Michael Schaumburg, Brian Johnson, Casey J. Crawford, Paige Kaye
MOTION: Councilmember Kyriaco/Mayor Pro Tempore Reyes -Martín to: A.
Adopt on a four -fifths vote Urgency Ordinance No. 23 -18U, entitled "An Ordinance of the City Council of the City of Goleta, California, Adding Chapter 8.19, Entitled Tenant Protections, to Title 8, Health and Safety, of the Goleta Municipal Code, Determining the Ordinance to be Exempt from CEQA, and
Declaring the Urgency Thereof."
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
RECESS FROM 9:40 P.M. TO 9:47 P.M.
E.2 Approval of the Stow Grove Park Master Plan and Adoption of Mitigated Negative Declaration
A. Adopt Resolution No. 23 -_ entitled "A Resolution of the City Council of the City of Goleta, California, Adopting An Initial Study/ Mitigated Negative Declaration (sch # 2023080037) and Mitigation Monitoring and Reporting Program Pursuant To Section 15164 of State CEQA Guidelines for the Stow Grove Park Master Plan"; and Approve the Stow Grove Park Master Plan. B.
Authorize the City Manager, with the approval of the City Attorney, to execute a Memorandum of Understanding with the Stow Company, LLC, in substantial compliance with the attached draft, to revise alignment of existing drainage
12/19/2023 CITY COUNCIL MEETING MINUTES PAGE 20
easement in Stow Grove Park.
Approval of the Stow Grove Park Master Plan and Adoption of Mitigated Negative Declaration
Staff Speakers:
Jaime Valdez, Neighborhood Services Director
JoAnne Plummer, Parks and Recreation Manager
Public Speakers:
None
MOTION: Councilmembers Kyriaco/Richards motioned to continue the City Council meeting past 10:00 P.M.
VOTE: Motion approved by the following voice vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
MOTION: Mayor Pro Tempore Reyes -Martín/Councilmember Kasdin to: A.
Adopt Resolution No. 23 -79 entitled "A Resolution of the City Council of the City of Goleta, California, Adopting An Initial Study/ Mitigated Negative Declaration (sch # 2023080037) and
Mitigation Monitoring and Reporting Program Pursuant To Section 15164 of State CEQA Guidelines for the Stow Grove Park Master Plan"; and Approve the Stow Grove Park Master Plan. B. Authorize the City Manager, with the approval of the City Attorney, to execute a Memorandum of Understanding with the Stow Company, LLC, in substantial compliance with the attached draft, to revise alignment of existing drainage easement in Stow Grove Park.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
E.3 Annual Review of City Council Representatives to Regional Agencies and City Council Subcommittees
A. Select members of the City Council for appointment to the Human Services Committee; and B. Confirm membership on the City Council's existing standing and ad-hoc subcommittee members.
Annual Review of City Council Representatives to Regional Agencies and City Council Subcommittees
12/19/2023 CITY COUNCIL MEETING MINUTES PAGE 21
Staff Speaker:
Deborah Lopez, City Clerk
The City Council provided direction to staff to seek information from the Foundation for Girsch Park to see if it is appropriate to add an alternate member from the City Council to the Foundation.
MOTION: Mayor Perotte/Councilmember Richards to select
Councilmembers Kasdin and Richards to serve on the Human Services Committee.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
MOTION: Councilmembers Kyriaco/Richards to select Mayor Perotte and Mayor Pro Tempore Reyes-Martín to serve on the Public Safety & Emergency Preparedness Standing Committee.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
F. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
Councilmember Kasdin shared asked for support in reviewing crosswalks and stoplights on Hollister Avenue. Councilmember Kyriaco concurred.
Mayor Perotte wished everyone a Happy Holidays and a Happy New Year.
G. CITY ATTORNEY REPORT
None
ADJOURNED AT 10:29 P.M.
GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK