City Council

City Council Agenda Tuesday, August 16, 2022 Closed Session - 4:00 P.M. Regular Meeting - 5:30 P.M. City Hall 130 Cremona Dr. Goleta, CA This will be a hybrid virtual/in-person meeting in Council Chambers/Zoom State/local officials continue to recommend measures to promote social distancing Members of the City Council Mayor Paula Perotte Mayor Pro Tempore Stuart Kasdin Michelle Greene, City Manager Councilmember Roger Aceves Megan Garibaldi, City Attorney Councilmember James Kyriaco Deborah S. Lopez, City Clerk Councilmember Kyle Richards City Council Agenda August 16, 2022 PUBLIC PARTICIPATION Speaking at the Meeting - Submit an email to the City Council meeting to 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 - • Email cityclerkgroup@cityofgoleta.org to be added to the speaker list. Please state your name, your phone number and indicate which closed session item you would like to speak on. • Dial-in 10 minutes prior to the start of the meeting (3:50 pm): Toll-Free Dial-in: (866)580- 6521, Participant passcode: 72295187 then # • Please mute your phone until you are called to speak. If you do not have a mute button, you may mute by pressing the star key followed by the number six (* 6). You can unmute by pressing the same keys (* 6). Comments from the public are limited to three (3) minutes per speaker. INSTRUCTIONS FOR USING ZOOM • Join the meeting using the link below. • You must have audio and microphone capabilities on the device you are using to join the meeting. • When you join the meeting make sure that you join the meeting with audio and follow the prompts to test your speaker & microphone prior to joining the meeting. TO SPEAK ON AN ITEM USING ZOOM • The Mayor will call the item and staff will begin the staff report. • Click on the Raise Hand icon if you would like to speak on the item. • The City Clerk will call your name when it’s your turn to speak. • When your name is called, you will be prompted to unmute yourself. • When your time is up, you will be muted. • You will repeat this process for each item you want to speak on. FOR OPEN SESSION PARTICIPATION Join Meeting Electronically at: https://us06web.zoom.us/webinar/register/WN_g8nj_Z8RTxGvS612vikjAQ Join via audio One tap mobile: US: +14086380968,,83995786626# or +16694449171,,83995786626# Or dial For higher quality, dial a number based on your current location. US: +1 408 638 0968 or +1 669 444 9171 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 719 359 4580 or +1 564 217 2000 or +1 646 876 9923 or +1 646 931 3860 or +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799 or +1 386 347 5053 Webinar ID: 839 9578 6626 City of Goleta Page 2 Printed on 8/11/2022 City Council Agenda August 16, 2022 ADDITIONAL PUBLIC PARTICIPATION ALTERNATIVES: Distribution to the City Council - Submit your comment via email to the City Clerk at:cityclerkgroup@cityofgoleta.org. 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 72 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 https://cityofgoleta.org/goletameetings WRITTEN SUBMITTALS TO COUNCIL: Written submittals concerning agenda items may be sent to the City Clerk email:cityclerkgroup@cityofgoleta.org; or mail: Attn: City Council and City Clerk at 130 Cremona Drive, Goleta, California 93117. 4:00 P.M. - CLOSED SESSION CALL TO ORDER ROLL CALL OF CITY COUNCIL OPPORTUNITY FOR PUBLIC TO ADDRESS CLOSED SESSION MATTERS 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. City of Goleta Page 3 Printed on 8/11/2022 City Council Agenda August 16, 2022 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 matter of pending litigation: • City of Goleta v. Regents of the University of California, et al., Santa Barbara County Superior Court, Case No. 21CV04854 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 matter of pending litigation: • City of Goleta and People of the State of California v. Thornwood Real Estate LLC and John Lund, Santa Barbara County Superior Court, Case No. 22CV02572 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to the provisions of Government Code Section 54956.8 with regard to the following matter: Property: 5515 Hollister Avenue, Goleta CA 93117. APN # 071-140-064 Agency Negotiator: Michelle Greene, City Manager Negotiating Party: Steven Giorgi Under Negotiations: Price and Terms RECESS TO CLOSED SESSION City of Goleta Page 4 Printed on 8/11/2022 City Council Agenda August 16, 2022 5:30 P.M. - REGULAR AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL REPORT FROM CLOSED SESSION PUBLIC FORUM 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 A. PRESENTATION A.1 22-369 Michelle Greene, City Manager Recognition A.2 22-376 Appreciation to Ben Sandu, Community Resource Deputy and Introduction of the Incoming Community Resource Deputy B. CONSENT CALENDAR B.1 22-356 Findings to Hold Remote Teleconference/Meetings, Pursuant to Assembly Bill 361 Recommendation: In accordance with Assembly Bill 361 (“AB 361”), authorize remote teleconference/virtual meetings of all City of Goleta legislative bodies, by finding that: (1) a statewide state of emergency is currently in place; and (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19. Staff: Megan Garibaldi, City Attorney Winnie Cai, Assistant City Attorney City of Goleta Page 5 Printed on 8/11/2022 City Council Agenda August 16, 2022 B.2 22-379 Approval of the City Council Meeting Minutes of May 3, 2022, City Council Meeting Minutes of June 7, 2022, City Council Meeting Minutes of June 21, 2022, Special City Council Meeting Minutes of June 28, 2022, Special City Council Meeting Minutes of July 14, 2022 and the City Council Meeting Minutes of July 19, 2022 Recommendation: Approve the City Council Meeting Minutes of May 3, 2022, City Council Meeting Minutes of June 7, 2022, City Council Meeting Minutes of June 21, 2022, Special City Council Meeting Minutes of June 28, 2022, Special City Council Meeting Minutes of July 14, 2022 and the City Council Meeting Minutes of July 19, 2022. Staff: Deborah S. Lopez, City Clerk B.3 22-365 Acceptance of the July 2022 Check Register Recommendation: Accept the check register for the month of July 2022. Staff: Luke Rioux, Finance Director B.4 22-283 Title 17 (Zoning) Ordinance Amendments for Electronic Changeable Copy Signs: Second Reading (Case No. 22-0001-ORD) Recommendation: Conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 22-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Amendments to Title 17 of the Goleta Municipal Code for Electronic Changeable Copy Signs” Staff: Peter T. Imhof, Planning and Environmental Review Director Anne Wells, Advance Planning Manager J. Ritterbeck, Senior Planner Andy Newkirk, Senior Planner City of Goleta Page 6 Printed on 8/11/2022 City Council Agenda August 16, 2022 B.5 22-339 Amendment 2 to Professional Services Agreement 2022-043 for Contract Interim Code Compliance Staff between the City of Goleta and Willdan Engineering Recommendation: Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement 2022-043 between the City of Goleta and Willdan Engineering to continue with the provision of interim code compliance staffing, extending the term to November 5, 2022, and increasing the amount of the agreement by $30,000, for a not-to-exceed amount of $74,000. Staff: Peter Imhof, Planning and Environmental Review Director Lisa Prasse, Current Planning Manager B.6 22-324 Award of Five-Year Contract for the Provision of Processed Audiovisual Materials, Cataloging and Processing Services to the Goleta, Solvang and Buellton Valley Libraries Recommendation: Authorize the City Manager to execute a Professional Services Agreement between the City of Goleta and Midwest Tape for Audio and Visual Materials Processing Services, for a total not to exceed amount of $225,500 at $45,100 per year, with a termination date of June 30, 2027. Staff: Jaime A. Valdez, Director of Neighborhood Services Allison Gray, Library Director Shanna Dawson, Management Analyst City of Goleta Page 7 Printed on 8/11/2022 City Council Agenda August 16, 2022 B.7 22-367 Award of Construction Contract for the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project (Project No. 9099) Recommendation: A. Authorize the City Manager to execute a construction contract with J&H Engineering General Contractors, Inc. (J&H) for the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project in the not-to-exceed amount of $464,332, subject to the requirements of the contract documents; B. Authorize the City Manager to approve contract change orders for the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project, if necessary, in an amount not to exceed $93,000; and C. Authorize an additional budget appropriation and revenue adjustment of $300,000 from Priority Legislative Budget Projects (PLBP) SB170 Funds (311) and appropriation of $92,705 from the Measure A (205) fund balance to the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project, Project No. 9099, account. Staff: Charles W. Ebeling, Public Works Director Debbie Talarico, Project Manager City of Goleta Page 8 Printed on 8/11/2022 City Council Agenda August 16, 2022 B.8 22-368 Award Construction Contract for the 2022-2023 Pavement Rehabilitation Project Recommendation: A. Authorize the City Manager to execute a Construction Contract with Granite Construction Company, Inc. for the 2022-2023 Pavement Rehabilitation Project in the not-to-exceed amount of $4,550,000, subject to the requirements of the contract documents; B. Authorize the City Manager to approve contract contingency for the 2022-2023 Pavement Rehabilitation Project, if necessary, in an amount not-to-exceed $910,000; C. Award and authorize the City Manager to execute a Professional Design Services Agreement with Cannon Corporation in an amount not-to-exceed $450,000 for Construction Management and Inspection services with a termination date of December 31, 2023; and D. Authorize an additional budget appropriation of $2,200,000 from the General Fund Street Maintenance Reserve Account the Pavement Rehabilitation Maintenance Account 101-5800-51073. Staff: Charles Ebeling, Public Works Director Debbie Talarico, Project Manager B.9 22-354 Status Report on Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project Recommendation: A. Receive an update on the Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project; and B. Authorize the City Manager to execute Guaranteed Letters of Payment for the construction and monitoring phases of the San Jose Creek Channel Fish Weir Modification Project, as a condition of the California Department of Fish and Wildlife permit required for the Hollister Avenue Bridge Project. Staff: Charles W. Ebeling, Public Works Director Gerald Comati, Project Manager City of Goleta Page 9 Printed on 8/11/2022 City Council Agenda August 16, 2022 B.10 22-358 Ellwood Mesa Monarch Butterfly Habitat Management Plan Update and Amendments to Professional Design Services Agreements (Project No. 9112). Recommendation: A. Receive a status update on the Ellwood Mesa Monarch Butterfly Habitat Management Plan; B. Approve and authorize the City Manager to execute Amendment No. 1 to Agreement 2021-057 with RRM Design Group for landscape architecture, civil engineering, graphic design, and project management assistance, increasing the contract amount by $233,400 for a new total not-to-exceed amount of $421,400 and with a termination date of June 30, 2025; C. Approve and authorize the City Manager to execute Amendment No. 1 to Agreement 2021-056 with Althouse and Meade, Inc., for butterfly aggregation site assessments and habitat enhancement recommendations, increasing the contract amount by $261,754 for a new total not-to-exceed amount of $506,754 and with a termination date of June 30, 2025; and D. Authorize the City Manager to execute Amendment No. 1 to Agreement 2021-063 with Rincon Consultants, Inc., for biologist, arborist, and permitting services, increasing the contract amount by $566,511 for a new total not-to-exceed amount of $724,511 and with a termination date of June 30, 2025. Staff: Charles W. Ebeling, Public Works Director George Thomson, Parks and Open Space Manager B.11 22-353 County ReSource Center Procurement Benefits Sharing Plan for Anerobic Digestion Facility Recommendation: Approve and authorize the City Manager to execute a Memorandum of Understanding titled the “Santa Barbara County ReSource Center SB 1383 Procurement Benefits Sharing Plan for the Anerobic Digestion Facility” between the County of Santa Barbara and the cities of Buellton, Goleta, Santa Barbara, and Solvang. Staff: Charles W. Ebeling, Public Works Director Melissa Nelson, Environmental Services Coordinator City of Goleta Page 10 Printed on 8/11/2022 City Council Agenda August 16, 2022 B.12 22-377 Designation of City Council Delegates for the Cal Cities Annual Conference Recommendation: Designate James Kyriaco as the voting delegate and Stuart Kasdin as the alternate delegate to represent the City of Goleta at the Cal Cities 2022 Annual Business Meeting. Staff: Michelle Greene, City Manager Ryan Kintz, Assistant to the City Manager Deborah S. Lopez, City Clerk C. PUBLIC HEARING C.1 22-357 Proposed Amendment to Development Agreement for SyWest/Goleta Gardens LLC, 907 South Kellogg Avenue, APN 071-190-035; Case No. 22-0003-ORD Recommendation: Introduce and conduct the first reading (by title only) and waive further reading of Ordinance No. 22- ___, entitled “An Ordinance of the City Council of the City of Goleta, California, Approving a Development Agreement Amendment to Provide that the Term of the Development Agreement Must Not Extend Beyond the Date the City Receives a Certified Local Coastal Program or December 31, 2023 Whichever Occurs First; 907 S. Kellogg Avenue; Case No. 22-0003-ORD.” Staff: Peter Imhof, Planning and Environmental Review Director Lisa Prasse, Current Planning Manager Kathy Allen, Supervising Senior Planner Estimated Time: 30 minutes D. DISCUSSION/ACTION ITEM D.1 22-330 Stow Grove Park Design Update Recommendation: Authorize staff to move forward with the development of a Draft Master Plan for Stow Grove Park, including the creation of two or more preliminary plans for new, expanded and/or renovated active and passive recreational park amenities, with at least one plan designed to minimize impacts to habitat values or sensitive species associated with the Environmentally Sensitive Habitat Areas of the park. Staff: Jaime A. Valdez, Neighborhood Services Director JoAnne Plummer, Parks and Recreation Manager Estimated Time: 60 minutes City of Goleta Page 11 Printed on 8/11/2022 City Council Agenda August 16, 2022 D.2 22-333 First Reading of Ordinance Entitled Plastic Waste Reduction Regulations to Address Single-Use Plastics and Polystyrene Recommendation: A. Introduce and conduct the first reading by title only, waiving further reading of Ordinance No. 22-__ entitled “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 8.18, Entitled 'Plastic Waste Reduction Regulations' to Address Single-Use Plastics and Polystyrene in the Goleta Municipal Code” B. Direct staff to file a Notice of Exemption for the proposed ordinance. Staff: Peter Imhof, Planning and Environmental Review Director Dana Murray, Sustainability Manager Stephanie Holmes, CivicSpark Fellow Angeline Foshay, Management Assistant Estimated Time: 90 minutes D.3 22-373 Consideration of Ordinance to Require the Safe Storage of Firearms in a Residence Recommendation: Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 22-__ entitled “An Ordinance of the City Council of the City of Goleta, California Adding Chapter 9.09 to Title 9 of the Goleta Municipal Code to Require the Safe Storage of Firearms in a Residence” Staff: Megan Garibaldi, City Attorney Estimated Time: 45 minutes E. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS • 08/01/2022 City Hall Facilities Standing Committee Meeting F. CITY MANAGER/STAFF REPORT G. CITY ATTORNEY REPORT City of Goleta Page 12 Printed on 8/11/2022