City Council

City Council Agenda Tuesday, December 19, 2023 Closed Session 4:30 P.M./Regular Meeting 5:30 P.M. City Hall 130 Cremona Dr. Goleta, CA Members of the City Council Mayor Paula Perotte Mayor Pro Tempore Kyle Richards Robert Nisbet, City Manager Councilmember Stuart Kasdin Megan Garibaldi, City Attorney Councilmember Luz Reyes-Martín, District 1 Deborah S. Lopez, City Clerk Councilmember James Kyriaco, District 2 City Council Agenda December 19, 2023 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 - • 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 (4:20 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. City of Goleta Page 2 Printed on 12/18/2023 City Council Agenda December 19, 2023 FOR OPEN SESSION PARTICIPATION Join Meeting Electronically at: https://us06web.zoom.us/webinar/register/WN_PXYr2QjbT8uODGtGYta9wQ US: +14086380968,,85295924013#,,,,*481176# US (San Jose) +16694449171,,85295924013#,,,,*481176# US Or, dial: US: +1 408 638 0968 or +1 669 444 9171 or +1 669 900 6833 or +1 719 359 4580 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 646 876 9923 or +1 646 931 3860 or +1 689 278 1000 or +1 301 715 8592 or +1 305 224 1968 or +1 309 205 3325 or +1 312 626 6799 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 Webinar ID: 852 9592 4013 Passcode: 481176 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 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:cityclerkgroup@cityofgoleta.org; or mail: Attn: City Council and City Clerk at 130 Cremona Drive, Goleta, California 93117. City of Goleta Page 3 Printed on 12/18/2023 City Council Agenda December 19, 2023 4:30 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 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 City of Goleta Page 4 Printed on 12/18/2023 City Council Agenda December 19, 2023 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. 23-643 Public Forum AMENDMENTS OR ADJUSTMENTS TO AGENDA CITY MANAGER/STAFF REPORT • Important Cultural Observances • 01/01/2024 New Years Day • 01/15/2024 Martin Luther King, Jr. Day A. CONSENT CALENDAR A.1 23-587 Fiscal Year 2023/24 First Quarter Financial Review Recommendation: 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.” Staff: Luke Rioux, Finance Director Tony Gonzalez, Accounting Manager City of Goleta Page 5 Printed on 12/18/2023 City Council Agenda December 19, 2023 A.2 23-601 Acceptance of the September 2023 Investment Transaction Report Recommendation: Accept the investment transaction report for the month of September 2023. Staff: Luke Rioux, Finance Director A.3 23-612 Acceptance of the October 2023 Investment Transaction Report Recommendation: Accept the investment transaction report for the month of October 2023. Staff: Luke Rioux, Finance Director A.4 23-640 City of Goleta Board and Commissions Handbook Recommendation: Receive and file the Board and Commission Handbook. Staff: Deborah Lopez, City Clerk Liana Campos, Deputy City Clerk David Cutaia, Deputy City Clerk Blake Markum, Public Records Specialist A.5 23-610 Annual Financial Report of the City of Goleta’s Development Impact Fees for Fiscal Year 2022-23 Recommendation: Adopt Resolution 23- , entitled “A Resolution of the City Council of the City of Goleta, California, Approving the Annual Development Impact Fee Financial Report.” Staff: Charles W. Ebeling, Public Works Director Gerald Comati, Contract Project Manager A.6 23-631 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) Recommendation: 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).” Staff: Peter Imhof, Planning and Environmental Review Director Anne Wells, Advance Planning Manager Andy Newkirk, Supervising Senior Planner City of Goleta Page 6 Printed on 12/18/2023 City Council Agenda December 19, 2023 A.7 23-632 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) Recommendation: 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).” Staff: Peter Imhof, Planning and Environmental Review Director Anne Wells, Advance Planning Manager Andy Newkirk, Supervising Senior Planner A.8 23-633 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) Recommendation: 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).” Staff: Peter Imhof, Planning and Environmental Review Director Anne Wells, Advance Planning Manager Andy Newkirk, Supervising Senior Planner A.9 23-635 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) Recommendation: 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).” Staff: Peter Imhof, Planning and Environmental Review Director Anne Wells, Advance Planning Manager Andy Newkirk, Supervising Senior Planner City of Goleta Page 7 Printed on 12/18/2023 City Council Agenda December 19, 2023 A.10 23-607 Notice of Completion of Various 2023 Winter Storm Emergency Projects Recommendation: 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;” and C. Direct the City Clerk to file a Notice of Completion with County Recorder’s Office for each of the completed projects. Staff: Charles W. Ebeling, Public Works Director Michael Winnewisser, Assistant Engineer A.11 23-591 Agreement Amendments for the Ellwood Beach Drive Drainage Repair Project Recommendation: 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. Staff: Charles W. Ebeling, Public Works Director Andrew Fuller, Senior Engineer City of Goleta Page 8 Printed on 12/18/2023 City Council Agenda December 19, 2023 A.12 23-596 Amendment for Stormwater and Watershed Management Services with Dudek Recommendation: 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 Staff: Charles W. Ebeling, Public Works Director Melissa Nelson, Environmental Services Manager A.13 23-581 Resolution Authorizing Agreements with the State of California Associated with the Building Forward Library Facilities Improvement Program Recommendation: 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. Staff: Matthew R. Fore, General Services Director City of Goleta Page 9 Printed on 12/18/2023 City Council Agenda December 19, 2023 A.14 23-602 Consideration of the 2024 City Council Meeting Schedule and City Hall Holiday Schedule Recommendation: 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. Staff: Robert Nisbet, City Manager Shannon Kirn, Acting Assistant to the City Manager A.15 23-611 Amendment No. 1 to Agreement No. 2022-113 with MNS Engineers, Inc. for Construction Management and Engineering Services at the Goleta Community Center Recommendation: 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. Staff: Matthew R. Fore, General Services Director A.16 23-598 Legislative Platform for Calendar Year 2024 Recommendation: 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.” Staff: Robert Nisbet, City Manager Shannon Kirn, Acting Assistant to the City Manager A.17 23-636 Goleta Community Center General Policies, Procedures and Rental Application Process Recommendation: 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. Staff: Jaime A. Valdez, Neighborhood Services Director Kelsey Hamilton, Recreation Supervisor City of Goleta Page 10 Printed on 12/18/2023 City Council Agenda December 19, 2023 A.18 23-608 Amendment to MOU with WEV for Small Business Loan Program Recommendation: 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. Staff: Robert Nisbet, City Manager Shannon Kirn, Acting Assistant to the City Manager A.19 23-538 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. Recommendation: 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 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. Staff: Jaime A. Valdez, Neighborhood Services Director Claudia Dato, Senior Project Manager City of Goleta Page 11 Printed on 12/18/2023 City Council Agenda December 19, 2023 RECESS TO THE GOLETA RDA SUCCESSOR AGENCY RECONVENE TO THE CITY COUNCIL B. COUNCIL REORGANIZATION B.1 23-614 Selection of Mayor Pro Tempore Recommendation: Select a Mayor Pro Tempore from among the members of the City Council. Staff: Deborah S. Lopez, City Clerk C. PRESENTATION C.1 23-629 Kristine Schmidt, Assistant City Manager Recognition City of Goleta Page 12 Printed on 12/18/2023 City Council Agenda December 19, 2023 D. PUBLIC HEARING D.1 23-582 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 Recommendation: 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. Staff: Charles W. Ebeling, Public Works Director Melissa Angeles, Assistant Engineer Estimated Time: 45 minutes City of Goleta Page 13 Printed on 12/18/2023 City Council Agenda December 19, 2023 E. DISCUSSION/ACTION ITEM E.1 23-604 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 Recommendation: 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.” Staff: Peter T. Imhof, Planning and Environmental Review Director Lucy Graham, Senior Housing Analyst Estimated Time: 45 minutes E.2 23-637 Approval of the Stow Grove Park Master Plan and Adoption of Mitigated Negative Declaration Recommendation: 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 easement in Stow Grove Park. Staff: Jaime A. Valdez, Neighborhood Services Director JoAnne Plummer, Parks and Recreation Manager Estimated Time: 45 minutes City of Goleta Page 14 Printed on 12/18/2023 City Council Agenda December 19, 2023 E.3 23-638 Annual Review of City Council Representatives to Regional Agencies and City Council Subcommittees Recommendation: 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. Staff: Deborah S. Lopez, City Clerk Blake Markum, Public Records Specialist Estimated Time: 30 minutes F. COUNCIL COMMENTS/ STANDING COMMITTEE REPORTS G. CITY ATTORNEY REPORT City of Goleta Page 15 Printed on 12/18/2023