1/16/2024 CITY COUNCIL MEETING MINUTES PAGE 1
CITY COUNCIL
MEETING MINUTES
Tuesday, January 16, 2024
Regular Session
5:30 PM
City Hall
130 Cremona Drive
Goleta, California
Members of the City Council
Mayor Paula Perotte
Mayor Pro Tempore Luz Reyes-Martín, District 1
Councilmember Stuart Kasdin
Councilmember Kyle Richards
Councilmember James Kyriaco, District 2
Robert Nisbet, City Manager
Deborah S. Lopez, City Clerk
Megan Garibaldi, City Attorney
4:00 P.M. - CLOSED SESSION
CALL TO ORDER
Mayor Perotte called the meeting to order at 4:00 P.M., followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards
ABSENT: None
OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS
RECESS TO CLOSED SESSION
Megan Garibaldi, City Attorney, read into the record, Closed Session items as follows:
CLOSED SESSION
Megan Garibaldi, City Attorney, read into the record Closed Session matters as follows:
CONFERENCE WITH LABOR NEGOTIATORS
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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 matter
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
5:30 P.M. - REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Perotte called the meeting to order at 5:30 P.M., followed by the Pledge of Allegiance.
ROLL CALL OF CITY COUNCIL
PRESENT: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards
ABSENT: None
REPORT FROM CLOSED SESSION
Megan Garibaldi, City Attorney, reported on Closed Session items as follows:
CONFERENCE WITH LABOR NEGOTIATORS
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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
Action: No action taken, item was not heard and will be continued to a future date.
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
Action: No reportable action.
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
Action: No reportable action.
PUBLIC FORUM
Public Comment Received - Public Forum
Public Speakers:
Eric Onnen spoke regarding the impacts of the Measure B Sales Tax on his business and provided suggestions for the use of the new revenue.
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Bob Wignot, Goodland Coalition, spoke to the proposed mixed -use development at 6491 Calle Real and noted the public safety issues with the project.
Richard Foster suggested the need for a public presentation or workshop on grant funding, and grant funded projects.
All public comment received posted online:
Bob Wignot, Goodland Coalition.
AMENDMENTS OR ADJUSTMENTS TO AGENDA
None
CITY MANAGER/STAFF REPORT
Robert Nisbet, City Manager, reported the first Learn Empower Advocate Discuss (LEAD) Goleta session took place January 11, 2024, and noted the following Important Cultural Observances for the month of February:
• Month of February - Black History Month
• 2/10/2024 - Chinese New Year
• 2/19/2024 - President's Day
A. CONSENT CALENDAR
A.1 Approval of the City Council Meeting Minutes of December 5, 2023, and the City Council Meeting Minutes of December 19, 2023
Approve the City Council Meeting Minutes of December 5, 2023, and the City Council Meeting Minutes of December 19, 2023.
Approval of the City Council Meeting Minutes of December 5, 2023, and the City Council Meeting Minutes of December 19, 2023
MOTION: Councilmembers Richards /Kyriaco to approve the City Council Meeting Minutes of December 5, 2023, and the City Council Meeting Minutes of December 19, 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
A.2 Acceptance of the November 2023 Check Register
Accept the check register for the month of November 2023.
Acceptance of the November 2023 Check Register
MOTION: Councilmembers Richards /Kyriaco to accept the check register
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for the month of November 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
A.3 Acceptance of the November 2023 Investment Transaction Report
Accept the investment transaction report for the month of November 2023.
Acceptance of the November 2023 Investment Transaction Report
MOTION: Councilmembers Richards /Kyriaco to accept the investment transaction report for the month of November 2023.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
A.4 Consider and Respond to Brown Act Allegation by April Reid Regarding Kenwood Village Project
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.
Consider and Respond to Brown Act Allegation by April Reid Regarding Kenwood Village Project
Public Comment Received
MOTION: Councilmembers Richards /Kyriaco to 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; and3. 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
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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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None
Public Comment:
April Reid spoke in opposition to the proposed Kenwood Village Project.
All public comment received posted online:
April Reid
A.5 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. 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.
Ratification of Mayoral Appointments to the Historic Preservation Commission, the Mosquito and Vector Management District Board of Santa Barbara County
MOTION: Councilmembers Richards/Kyriaco to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
A.6 Amendment No. 3 to Professional Design Services Agreement with Holmes Structures Related to Capital Improvements at the Goleta Community Center
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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.
Amendment No. 3 to Professional Design Services Agreement with Holmes Structures Related to Capital Improvements at the Goleta Community Center
MOTION: Councilmembers Richards/Kyriaco to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
A.7 Amendment No. 6 to Professional Design Services Agreement with Flowers & Associates, Inc. for Capital Improvements at the Goleta Community Center
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.
Amendment No. 6 to Professional Design Services Agreement with Flowers & Associates, Inc. for Capital Improvements at the Goleta Community Center
MOTION: Councilmembers Richards/Kyriaco to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
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A.8 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. 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.
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
Staff Speaker:
Liana Campos, Deputy City Clerk, noted a correction to the agenda. The phrase “at the Goleta Community Center” in the Staff Recommendation should be replaced with “for the Community Garden at Armitos Park and the Splash Pad at Jonny D. Wallis Neighborhood Park.”
MOTION: Councilmembers Richards/Kyriaco to 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 for the Community Garden at Armitos Park and the Splash Pad at Jonny D. Wallis Neighborhood Park, 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 , as amended to reflect for the Community Garden at Armitos Park and the Splash Pad at Jonny D. Wallis Neighborhood Park , rather than the Goleta Valley Community Center.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
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A.9 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. 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 Const ruction of a Class 1 Bike Path Along State Route 217 From East of Sandspit Rd to the Hollister Avenue Interchange."
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
MOTION: Councilmembers Richards /Kyriaco to A. Adopt Resolution No. 24-01 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 -02 entitled "A Resolution of the City Council of the City of Goleta, California, Approving a Resolution of Change to th e 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." VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
A.10 Amendment 4 to Professional Services Agreement 2021 -092 with MNS Engineers, Inc.
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.
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Amendment 4 to Professional Services Agreement 2021-092 with MNS Engineers, Inc.
MOTION: Councilmembers Richards/Kyriaco to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
B. PRESENTATION
B.1 A Proclamation of the City Council of the City of Goleta, California, Proclaiming January 15-21, 2024, as E-Bike Safety Awareness Week
A Proclamation of the City Council of the City of Goleta, California, Proclaiming January 15-21, 2024, as E-Bike Safety Awareness Week
Mayor Perotte presented a Proclamation declaring January 15 -21, 2024, as E - Bike Safety Awareness Week to Kim Stanley -Zimmerman, MOVE Santa Barbara County. A video was provided on E-Bike Safety Awareness.
Public Speakers:
Chris Sobell spoke in support of bike education.
B.2 A Proclamation of the City Council of the City of Goleta, California, Proclaiming January 2024 as Human Trafficking Awareness Month
A Proclamation of the City Council of the City of Goleta, California, Proclaiming January 2024 as Human Trafficking Awareness Month
Mayor Pro Tempore Reyes-Martín presented a Proclamation Proclaiming January 2024 as Human Trafficking Awareness Month to Karla Huizar, Standing Together to End Sexual Assault.
Karla Huizar expressed her appreciation to the City Council for the Proclamation and provided an invitation for a vigil for survivors of human trafficking on taking place at De La Guerra Plaza on January 17, 2024, at 5:30 p.m.
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C. DISCUSSION/ACTION ITEM
C.1 Resolution to Provide No Parking Zones on Salisbury Avenue at Padova Drive
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."
Resolution to Provide No Parking Zones on Salisbury Avenue at Padova Drive
Public Comment Received
Staff Speaker:
Nina Buelna, Assistant Public Works Director
Derek Rapp, Contract Traffic Engineer provided a presentation titled, "No Parking Zones Salisbury Avenue at Padova Drive" dated January 16, 2024 (Presentation on file).
Public Speakers:
Erik Moore, prefers a 4 -way stop rather than losing parking, Debi Gioia, questioned the information provided in the report and agrees with previous speaker to have a 4 -way stop and to limit the parking during school hours, and Clint Gioia echoed the comments of the previous speakers.
All Public Comment Received Posted Online:
Debi Goia, Bob Gioia, and Clint Gioia.
MOTION: Councilmember Richards/Mayor Pro Tempore Reyes -Martín to Adopt Resolution No. 24 -03, entitled "A Resolution of the City Council of the City of Goleta, California, Authorizing No Parking Zones on Salisbury Avenue at Padova Drive."
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 6:44 P.M. - 6:50 P.M.
C.2 Approval of Plans and Specifications and Authorization to Advertise for Bids for the 2023 Pavement Rehabilitation Project
A. Approve Plans and Specifications for the 2023 Pavement Rehabilitation Project; B. Authorize staff to advertise a notice inviting construction bids for the
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2023 Pavement Rehabilitation Project.
Approval of Plans and Specifications and Authorization to Advertise for Bids for the 2023 Pavement Rehabilitation Project
Public Comment Received
Staff Speakers:
Nina Buelna, Assistant Public Works Director, Daniel Virgin, Assistant Engineer, and Joe Ririe, Pavement Engineering Inc., provided a presentation titled," Pavement Management Program (PMP) Update", dated January 16, 2024 (presentation on file).
Charles W. Ebeling, Public Works Director
Public Speaker: Kim Stanley, MOVE Santa Barbara County, provided suggestions for increasing bike safety prior to paving the roads and encouraged residents to walk or bike rather than drive.
Michael Iza spoke in support of improvements to bike safety and suggested the installation of bollards.
All public comment received posted online:
Jacque Ohl-Trlica, President, First University Village HOA
MOTION: Councilmember Richards/Mayor Pro Tempore Reyes -Martín to 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.
VOTE: Motion approved by the following roll call vote: Ayes: Mayor Perotte, Mayor Pro Tempore Reyes -Martín, Councilmembers Kasdin, Kyriaco, and Richards. Noes: None.
D. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS
None
E. CITY ATTORNEY REPORT
None
ADJOURNED AT 8:24 P.M.
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GOLETA CITY COUNCIL
_________________________
PAULA PEROTTE,
MAYOR
ATTEST: ___________________________
DEBORAH S. LOPEZ
CITY CLERK