Tuesday, January 16, 2024
Closed Session 4:00 P.M./Regular Meeting 5:30 P.M.
City Hall
130 Cremona Dr.
Goleta, CA
City Council
Mayor Paula Perotte
Mayor Pro Tempore Luz Reyes-Martín,
District 1
Councilmember James Kyriaco, District 2
Councilmember Kyle Richards
Councilmember Stuart Kasdin
Agenda
Robert Nisbet, City Manager
Megan Garibaldi, City Attorney
Deborah S. Lopez, City Clerk
Members of the City Council
January 16, 2024City 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 -
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January 16, 2024City Council Agenda
FOR OPEN SESSION PARTICIPATION
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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.
January 16, 2024City Council Agenda
4:00 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 LABOR NEGOTIATORS
Pursuant to the provisions of Government Code Section §54957.6:
Agency Designated Representatives:
Robert Nisbet, City Manager
Megan Garibaldi, City Attorney
Employee Organization: Goleta General Employees Unit and Goleta Miscellaneous Employees Unit
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 matter24-029
January 16, 2024City Council Agenda
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter:
Property: Public Road Right-of-Way along 7925 Hollister Avenue Agency Negotiator: Robert Nisbet, City Manager
Negotiating Party: Bill Medel, Sandpiper Golf Trust LLC Under Negotiations: Price and Terms
January 16, 2024City 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 FORUM24-034
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
• Month of February – Black History Month
• 2/10/2024 – Chinese New Year
• 2/19/2024 – President’s Day
A. CONSENT CALENDAR
Approval of the City Council Meeting Minutes of December 5, 2023, and the City Council Meeting Minutes of December 19, 2023 A.1 24-025
Approve the City Council Meeting Minutes of December 5, 2023, and the City Council Meeting Minutes of December 19, 2023.
Recommendation:
Deborah S. Lopez, City ClerkStaff:
Acceptance of the November 2023 Check RegisterA.2 24-015 Accept the check register for the month of November 2023.Recommendation:
Luke Rioux, Finance DirectorStaff:
January 16, 2024City Council Agenda
Acceptance of the November 2023 Investment Transaction ReportA.3 24-016 Accept the investment transaction report for the month of November 2023.Recommendation:
Luke Rioux, Finance DirectorStaff:
Consider and Respond to Brown Act Allegation by April Reid Regarding Kenwood Village Project
A.4 24-028
It is recommended that the City Council:
1. Receive and file April Reid ’s January 1, 2024 complaint demanding the City Council “cure and correct” alleged Brown Act violations;
2. Receive and file this report analyzing the allegations in Ms. Reid’s complaint; and
3. Direct the City Attorney to prepare and execute, and the City Clerk to send, a letter pursuant to Government Code section 54960.1(c) (2) to April Reid conveying that the City Council considered Ms .
Reid’s January 1, 2024 email demanding a cure or correction under the Brown Act, determining that no Brown Act violation occurred as no action for any project approvals at 7264 Calle Real, Goleta, CA (Kenwood Village) has been taken by the City Council, and therefore the City Council will not take further action regarding this matter as there is no action to correct.
Recommendation:
Megan K. Garibaldi, City Attorney
Scott Shapses, Deputy City Attorney
Staff:
January 16, 2024City Council Agenda
Ratification of Mayoral Appointments to the Historic Preservation Commission, the Mosquito and Vector Management District Board of Santa Barbara County and the Santa Barbara County Library Advisory Committee
A.5 24-017
A. Ratify the mayoral appointment of Mark Preston to the Historic Preservation Commission to fill an unexpired portion of a term ending June 30, 2026; and
B. Ratify the mayoral appointment of Danica Taber to the Mosquito and Vector Management District Board of Santa Barbara County for a term ending January 1, 2028; and
C. Ratify the mayoral appointment of Irene Solovij to the Santa Barbara County Library Advisory Committee for a term ending June 30, 2027.
Recommendation:
Deborah S. Lopez, City Clerk
Liana Campos, Deputy City Clerk
Blake Markum, Public Records Specialist
Staff:
Amendment No. 3 to Professional Design Services Agreement with Holmes Structures Related to Capital Improvements at the Goleta Community Center
A.6 24-005
Authorize the City Manager to execute Amendment No. 3 to Professional Design Services Agreement No. 2022-070 with Holmes Structures for work in support of the Seismic Improvement Project at the Goleta Community Center, updating the scope of work and increasing the contract authority by $57,530, for a new total contract amount of $191,030.
Recommendation:
Matthew R. Fore, General Services DirectorStaff:
Amendment No. 6 to Professional Design Services Agreement with Flowers & Associates, Inc. for Capital Improvements at the Goleta Community Center
A.7 24-020
Authorize the City Manager to execute Amendment No. 6 to Professional Design Services Agreement No. 2021-041 with Flowers & Associates, Inc . for the Americans with Disabilities Act Improvements Project at the Goleta Community Center, updating the scope of work and increasing the contract authority by $89,531, for a new total contract amount of $388,404.
Recommendation:
Matthew R. Fore, General Services DirectorStaff:
January 16, 2024City Council Agenda
Amendment No. 2 to Agreement No. 2023-022 with Filippin Engineering, Inc. for Construction Management and Engineering Services for the Community Garden at Armitos Park and the Splash Pad at Jonny D. Wallis Neighborhood Park
A.8 24-013
A. Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 2023-022 with Filippin Engineering, Inc. for construction management, inspection, testing and engineering services at the Goleta Community Center, increasing the contract authority by $187,000, for a new total contract amount not-to-exceed $478,847.
B. Approve a budget appropriation of $187,000 from the Park DIF Fund Balance to the accounts identified in the fiscal impact section of the report.
Recommendation:
Jaime A. Valdez, Neighborhood Services Director
JoAnne Plummer, Parks and Recreation Manager
Staff:
Resolution of Change to the Freeway Agreements for State Route 217 and State Route 101 with the State of California, Department of Transportation for the San Jose Creek Multipurpose Path Northern and Southern Segments Project
A.9 24-002
A. Adopt Resolution No. 24-___ entitled “A Resolution of the City Council of the City of Goleta, California, Approving a Resolution of Change to the City of Goleta - State of California Freeway Agreement for Route 101 to Reflect the Construction of a Class 1 Bike Path Under State Route 101 Near the State Route 101 and State Route 217
Interchange;” and
B. Adopt Resolution No. 24-___ entitled “A Resolution of the City Council of the City of Goleta, California, Approving a Resolution of Change to the City of Goleta - State of California Freeway Agreement for Route 217 to Reflect the Construction of a Class 1 Bike Path Along State Route 217 From East of Sandspit Rd to the Hollister Avenue Interchange.”
Recommendation:
Charles W. Ebeling, Public Works Director
Teresa Lopes, Senior Project Engineer
Staff:
January 16, 2024City Council Agenda
Amendment 4 to Professional Services Agreement 2021-092 with MNS Engineers, Inc.
A.10 24-001
Authorize the City Manager to execute Amendment No. 4 to Professional Services Agreement No. 2021-092 with MNS Engineers, Inc. for Project Management Support Services, increasing the contract authority by $244,000, for a new total not-to-exceed amount of $488,000.
Recommendation:
Charles W. Ebeling, Public Works Director
Autumn Glaeser, Capital Improvement Program Manager
Staff:
B. PRESENTATION
A Proclamation of the City Council of the City of Goleta, California, Proclaiming January 15-21, 2024, as E -Bike Safety Awareness Week
B.1 24-026
20 minutesEstimated Time:
A Proclamation of the City Council of the City of Goleta, California, Proclaiming January 2024 as Human Trafficking Awareness Month B.2 24-027
10 minutesEstimated Time:
C. DISCUSSION/ACTION ITEM
Resolution to Provide No Parking Zones on Salisbury Avenue at Padova Drive
C.1 24-021
Adopt Resolution No. 24-___, entitled “A Resolution of the City Council of the City of Goleta, California, Authorizing No Parking Zones on Salisbury Avenue at Padova Drive.”
Recommendation:
Charles W. Ebeling, Public Works Director
Derek Rapp, Contract Traffic Engineer
Staff:
30 minutesEstimated Time:
January 16, 2024City Council Agenda
Approval of Plans and Specifications and Authorization to Advertise for Bids for the 2023 Pavement Rehabilitation Project C.2 24-003
A. Approve Plans and Specifications for the 2023 Pavement Rehabilitation Project;
B. Authorize staff to advertise a notice inviting construction bids for the 2023 Pavement Rehabilitation Project.
Recommendation:
Charles W. Ebeling, Public Works Director
Daniel Virgen, Assistant Engineer
Staff:
90 minutesEstimated Time:
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
E. CITY ATTORNEY REPORT