Action Minutes of Council, HDB, CDC & OPFA 1 03/23/2022
MEETING AGENDA
March 23, 2022
OCEANSIDE CITY COUNCIL,
HARBOR DISTRICT BOARD OF DIRECTORS (HDB),
COMMUNITY DEVELOPMENT COMMISSION (CDC) , and
OCEANSIDE PUBLIC FINANCING AUTHORITY (OPFA)
REGULAR BUSINESS
Mayor Deputy Mayor
HDB President HDB Vice President
CDC Chair CDC Vice Chair
OPFA Chair OPFA Vice Chair
Esther Sanchez Ryan Keim
Councilmembers City Clerk
HDB Directors HDB Secretary
CDC Commissioners CDC Secretary
OPFA Directors OPFA Secretary
Kori Jensen Zeb Navarro
Christopher Rodriguez
Peter Weiss City Treasurer
HDB/CDC/OPFA Treasurer
Victor Roy
Action Minutes of Council, HDB, CDC & OPFA 2 03/23/2022
3:30 P.M. – ROLL CALL– Councilmember Rodriguez absent
CITY COUNCIL, HDB, CDC, OPFA CLOSED SESSION ITEMS
Closed Session to discuss litigation, property acquisition, labor relations and personnel matters
1. CONFERENCE WITH LABOR NEGOTIATOR ON STATUS OF NEGOTIATIONS PREVIOUSLY AUTHORIZED IN OPEN SESSION (SECTION 54957.6)
CONFERENCE WITH LABOR NEGOTIATOR – Negotiator: City Manager; employee organizations:
Oceanside Police Officers’ Association (OPOA), Oceanside Police Officers’ Association – Non-Sworn (OPOA-NS), Oceanside Firefighters’ Association (OFA), Oceanside Police Management Association (OPMA), Management Employees of the City of Oceanside (MECO ), Oceanside City Employees’ Association (OCEA), Oceanside Fire Management Association (OFMA), Western Council of Engineers (WCE), and Unrepresented
Item was discussed in closed session
2. PUBLIC EMPLOYEE APPOINTMENT, PUBLIC EMPLOYMENT, PERSONNEL EVALUATION AND DISCIPLINE (SECTION 54957)
(A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
1. City Attorney/City Manager performance evaluation
Council approved a separation agreement and general
release with City Manager Deanna Lorson by a 3-1-1 vote:
Councilmembers Jensen, Keim, and Weiss – yes; Mayor
Sanchez – no; Councilmember Rodriguez – absent. As part of the agreement, City manager Lorson has signed a letter of resignation dated 03/23/2022. The separation agreement
implements the terms of her employment agreement
previously approved by the City Council on 09/25/2019 in Open Session. The separation agreement will be placed on file with the City Clerk.
Document No. 22-D0170-1
(B) PUBLIC EMPLOYEE APPOINTMENT
1. City Manager
Council appointed Jonathan Borrego as Interim City Manager by a vote of 4-0-1 (Councilmember Rodriguez – absent). The terms and conditions of his interim appointment will be addressed in an employment agreement to be considered in Open Session on 04/06/2022.
Council has given direction to staff to conduct a national recruitment for the City manager position.
Action Minutes of Council, HDB, CDC & OPFA 3 03/23/2022
5:00 P.M. – ROLL CALL– All Present
INVOCATION – Rev. Elizabeth Wilson Manahan, Associate Pastor , Oceanside First Presbyterian Church
PLEDGE OF ALLEGIANCE– Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of Soroptimist International of Oceanside-Carlsbad - 75 Years of Service
Proclamation in Honor of Nevarez Boxing Training Center - Community Service; with Brian & Sandra Nevarez and Jimmy Figueroa, Resilience Community Mentoring Program
Melba Bishop Pickleball Boosters Association Ceremonial Check Presentation Presentations and proclamations given
CLOSED SESSION REPORT
3. Closed Session report by City Attorney
Report given
CONSENT CALENDAR ITEMS
All items listed on the Consent Calendar are considered to be routine matters or formal documents covering previous City Council/HDB/ CDC/OPFA instructions. The items listed on the Consent Calendar may be enacted by a single vote. There will be no separate discussion of any Consent Calendar items unless requested by members of the City Council/HDB/CDC/OPFA or the public through submitt al of Request to Speak form prior to the commencement of this agenda item.
4. City Council/Harbor/CDC/OPFA: Approval to waive reading of the text of all ordinances and resolutions considered at this meeting and provide that ordinances shall be introduced afte r a reading only of the title(s)
Motion to Approve Consent Calendar Items 4-5, 7-11, 13-15, 17-18: Keim
Second: Weiss
Approved: 5-0
5. City Council/Harbor/CDC/OPFA: Acceptance of City Clerk’s Action Minutes of the Small Craft Harbor District Board of Directors, Community Development Commission , City Council, and Oceanside Public Financing Authority of the March 2, 2022 Workshop and the March 9, 2022 Regular Meeting Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 4 03/23/2022
6. City Council: Approva l of a purchase order in an amount not to exceed $74,35 6 to NexTech Systems, Inc. for 44 EtherWAN ED3575 managed switches for the Public Works/Engineering Division; and authorization for the Financial Services Director, or designee, to execute the purchase order
Item pulled for discussion by member of the public
Motion: Weiss
Second: Keim
Approved: 5-0
7. City Council: Approval of three purchase orders: 1) in an amount not to exceed $153,910 to BMW Motorcycles of Escondido for five BMW R1250 RT -P Police Motorcycles; 2) in an amount not to exceed $27,605 to Motorola Solutions of Chicago, IL, for five 800 MHz Police radios; 3) in an amount not to exceed $4,225 to AT&T of Carol Stream, IL, for five wireless modems and antennas and authorization for the Financial Services Director, or designee, to execute the purchase orders Approved: 5-0
8. City Council: Approval of Amendment 2 to the Public Works Agreement with Bay City Electric Works of Poway in the amount of $80,721, for a revised contract amount of $391,301 for the replacement of two diesel fuel tanks; and authorize the City Manager or designee to execute the amendment Approved: 5-0
Document No. 22-D0158-1
9. City Council: Approval of Amendment 1 to the Encroachment Permit Agreement with New Cingular Wireless PCS, LLC to encroach upon a portion of the right -of-way located at 1383 ½ Temple Heights Drive for telecommunications facilities, extending the term of the agreement to June 30, 2031, with a total revenue to be collected by the City over the ten -year term in the amount of $233,744; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0159-1
10. City Council: Approval of Amendment 1 to the Encroachment Permit Agreement with New Cingular Wireless PCS, LLC to encroach upon a portion of the right-of-way located at 2420 ½ Winter Road for telecommunications facilities, extending the term of the agreement to June 30, 2031, with minimum revenue to the City in the amount of $233,744 during the ten -year term; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0160-1
11. City Council: Approval of Amendment 4 to the Percentage Property Lease Agreement with Charles Anderson and Jennifer Moyer, dba Buccaneer Beach Club, for the premises located at 1508 South Pacific Street, extending the agreement from April 1, 2022 to March 31, 2023, fo r a one -year minimum total revenue of $11,015 and authoriz ation for the City Manager to execute the amendment
Approved: 5-0
Document No. 22-D0161-1
Action Minutes of Council, HDB, CDC & OPFA 5 03/23/2022
12. City Council: Approval of a three-year Professional Services Agreement with Counseling Team International to provide counseling services to Police Department employees, in the amount of $22,200 per year; and authorization for the City Manager or designee to execute the agreement Item pulled for discussion by member of the public
Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 22-D0162-1
13. City Council: A pproval of a $775,000 appropriation from the Measure X Fund Balance to the Beachfront Improvement Project to fund continued construction costs Approved: 5-0
14. City Council: Acceptance of and filing of the Housing Element Annual Progress Report (APR) for calendar year 2021 pursuant to Government Code Section 65400 Approved: 5-0
15. City Council: Acceptance of $50,000 in grant funds from California Library Literacy Services, a program of the California State Library, awarded to the City for English as a Second Language services, and appropriation of these funds to the Library Department Approved: 5-0
16. City Council: Acceptance of a donation in the amount of $75,000 from the Melba Bishop Pickleball Boosters Association and approval of the appropriation of these funds to the Pickleball Courts Phase 1 project account
Item pulled forward for presentation by Mayor Sanchez
Motion: Keim
Second: Weiss
Approved: 5-0
Document No. 22-D0163-1
17. City Council: Submittal of the second quarter Financial Status Report , acceptance of the report, and approval of the budget adjustments
Item pulled for discussion by member of the public
Motion: Sanchez
Second: Weiss
Approved: 5-0
18. City Council: Approval of the Harbor and Beaches Advisory Committee’s FY 2022-24 Workplan Approved: 5-0
Document No. 22-D0164-1
19. City Council: Adoption of a resolution expressing support for the City’s participation in the Action for Spent Fuel Solutions Now coalition
Action Minutes of Council, HDB, CDC & OPFA 6 03/23/2022
Item pulled for discussion by member of the public
Motion: Weiss
Second: Rodriguez
Approved: 5-0
Document No. 22-R0165-1
GENERAL ITEMS
General Items are normally heard after any 6:00 p.m. Public Hearing Items. However, if time permits, some General Items may be heard prior to any 6:00 p.m. Public Hearing Items, following the Consent Calendar. Ordinances may be introduced at this time. T he City Council/HDB/CDC/OPFA has adopted a policy that it is sufficient to read the title of ordinances at the time of introduction and adoption, and that full reading of ordinances may be waived. After the City Attorney has read the titles, the City Council/HDB/CDC/OPFA may introduce the ordinances in a single vote.
20. City Council: Adoption of a resolution to certify and approve the hiring of Karen Laser as an hourly extra help Consulting Assistant, effective April 3, 2022, in the amount not to exceed $42,147 per year, to fill a critically needed position in the Police Department Professional Standards Unit
A) Report by Sean Marchand, Police Captain
B) Discussion
C) Recommendation – adopt resolution
Motion: Keim
Second: Weiss
Approved: 5-0
Document No. 22-R0166-1
21. City Council: Adoption of a resolution authorizing the City to apply for and receive grant funds up to 25 percent of Project costs, estimated at $9,941,532, for the United States Bureau of Reclamation’s (USBR) WaterSMART: Title XVI WIIN Water Reclamation and Reuse Projects for Fiscal Year 2022 for the Pure Water Oceanside Project; appropriation of awarded funds to the Water Utilities Department; and authorization for the Water Utilities Director, or designee, to act on behalf of the City as signatory to accept grant funds
A) Report by Cari Dale, Water Utilities Director
B) Discussion
C) Recommendation – adopt resolution
Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 22-R0167-1
22. City Council: Award of a contract to GSE Construction Company, Inc. of Livermore in the amount of $2,342,000 for the Pilgrim Creek Sewer Lift Station Improvements Project; authorization for the City Engineer to approve Change Orders up to $234,200; and authoriz ation for the City Manager or designee to execute the agreement upon receipt of all supporting documents
A) Report by Mabel Uyeda, Senior Civil Engineer
B) Discussion
Action Minutes of Council, HDB, CDC & OPFA 7 03/23/2022
C) Recommendation – award contract
Motion: Sanchez
Second: Keim
Approved: 5-0
Document No. 22-D0168-1
23. City Council: Adoption of a resolution establishing a new fee for opting out of Advanced Metering Infrastructure (AMI) in order to fully recover the costs associated with providing the service
A) Report by Michael Newton, Management Analyst
B) Discussion
C) Recommendation – adopt resolution
Item was pulled by staff
6:00 P.M.
PUBLIC HEARING ITEMS
Public hearing items are “time -certain” and are heard beginning at 6:00 p.m. Due to the time - certain requirement, other items may be taken out of order on the agenda to accommodate the 6:00 p.m. public hearing schedule.
24. City Council: Presentation of the draft FY 2022-23 Annual Action Plan for review by the City Council and for public comment. Staff will present the final Plan to the City Council for approval on May 4, 2022. No action is required at this hearing
A) Mayor opens Public Hearing
B) Mayor requests disclosure of Councilmembers and constituent contacts and correspondence C) Clerk presents correspondence and/or petitions
D) Testimony beginning with Cecilia Barandiaran, Management Analyst E) Recommendation – receive presentation
Presentation given
PUBLIC COMMUNICATIONS ON OFF-AGENDA ITEMS
No action will be taken by the City Council/HDB/CDC/OPFA on matters in this category unless it is determined that an emergency exists or that there is a need to take action that became known subsequent to the posting of the agenda. The presiding officer may hear non-agenda items at any time after the 5:00 p.m. meeting is called to order.
25. Advance written request to reserve time to speak: None
26. Communications from the public regarding items not on this agenda – 3 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
None
GENERAL COUNCILMEMBER COMMENTS
Comments made
Action Minutes of Council, HDB, CDC & OPFA 8 03/23/2022
ADOPTION OF ORDINANCES
The following items are ordinances for adoption by the City Council/HDB/CDC/OPFA. Ordinances are laws of the City of Oceanside and require introduction and adoption at two separate City Council meetings (urgency ordinances are an exception, and may be introduced and adopted at one meeting as an emergency measure). The City Council/HDB/CDC/OPFA has adopted a policy that it is sufficient to read the title of ordinances at the time of introduction and adoption, and that full reading of ordinances may be waived. After the City Attorney has read the titles, the City Council/HDB/CDC/OPFA may adopt the ordinances below in a single vote. There will be no discussion of the items unless requested by members of the City Council/HDB/CDC/OPFA or the public through submittal of a Request to Speak form prior to the commencement of this agenda item.
27. City Council: Adoption of an ordinance to adopt the final version of the redistricted City Council District Map
(Introduced March 9, 2022, 5-0)
Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 22-OR0169-1
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, April 6, 2022.
Adjourned at 6:45 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside