Action Minutes of Council, HDB, CDC & OPFA 1 05/04/2022
MEETING AGENDA
May 4, 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 05/04/2022
3:30 P.M. – ROLL CALL– All Present
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 Ocea nside (MECO), Oceanside City Employees’ Association (OCEA), Oceanside Fire Management Association (OFMA), Oceanside Marine Safety Employees’ Association (OMSEA), Western Council of Engineers (WCE), and Unrepresented Item was discussed in closed session
2. LITIGATION OR OTHER ADVERSARY PROCEEDING (E.G., ADMINISTRATIVE HEARING, ARBITRATION) (SECTION 54956.9(c))
(A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Section 54956.9)
1. Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9:
Claimant: Peter and Lynn Hamilton
Claim Number: GC2021000123/DOL: 10/20/2021
Item was discussed in closed session
3. (A) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Section 54956.9(a))
1. Bonnie Cummins v. City of Oceanside
Superior Court Case No.: 37-2019-00052471-CU-PO-NC
2. Preserve Calavera (NRF) v. City of Oceanside
Superior Court Case No.: 37-2019-00065084-CU-TT-CTL
3. The NRF Project Owner, LLC v. City of Oceanside
Superior Court Case No.: 37-2020-00025295-CU-MC-CTL
Item was discussed in closed session
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
Action Minutes of Council, HDB, CDC & OPFA 3 05/04/2022
Proclamation in Honor of National Water Safety Month, with Special Recognition to Clyde & Billie Warner Family, Family Trust - $20,000 Contribution to the Brooks Street Pool Youth Scholarship Fund
Mayor’s Business Spotlight – Frontwave Credit Union
Proclamations and Presentations given
CLOSED SESSION REPORT
4. 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 Counc il/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 submittal of Request to Speak form prior to the commencement of this agenda item.
5. 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 introduc ed after a reading only of the title(s)
Motion to Approve Consent Calendar Items 5-8, 11-16: Keim Second: Jensen
Approved: 5-0
6. 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 April 13, 2022 Workshop and the April 20, 2022 Regular Meeting Approved: 5-0
7. City Council: Approval of a purchase order in an amount not to exceed $89,572 to Kearny Pearson FORD for one Ford F-150 Lightening Recruiting and Community Events Vehicle; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
8. City Council: Approval of Amendment 3 in the amount of $ 148,756 to the Professional Services Agreement with Safdie Rabines Architects of Escondido for a revised contract amount not to exceed $1,674,391 for design and construction support services for the Beachfront Improvements Project; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 22-D0244-1
9. City Council: Approval of a two-year Landscape Maintenance Agreement with BrightView Landscape Services, Inc. , of Carlsbad in an annual amount not to exceed $607,788 for the landscape maintenance services of the Landscape Maintenance Districts; and authoriz ation for the City Manager to execute the agreement upon receipt of all supporting documents Action Minutes of Council, HDB, CDC & OPFA 4 05/04/2022
Item pulled for discussion by member of the public
Motion: Weiss
Second: Rodriguez
Approved: 4-0-1 (Sanchez – Abstain)
Document No. 22-D0245-1
10. City Council: Approval of a Property Lease Agreement with Quality Children’s Services for use of City-owned land located at 489 Calle Montecito to provide preschool, nutritional programs and child daycare services on the property through May 31, 2032, with minimum revenue to the City in the amount of $282,325 during the ten -year term; and authorization for the City Manager to execu te the Property Lease Agreement upon receipt of all supporting documents Item pulled for discussion by Mayor Sanchez
Motion to bring back item at a later meeting: Sanchez
Second: Rodriguez
Approved: 5-0
Document No. 22-D0246-1
11. City Council: Approval of a Professional Services Agreement with REC of San Diego in an amount not to exceed $239,500 for the Calavera Creek Crossing at Flood Control Structure #4; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 22-D0247-1
12. City Council: Approval of a Professional Services Agreement with Kimley -Horn of San Diego not to exceed $250,000 per year for on -call traffic engineering services with two, one -year renewable options; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 22-D0248-1
13. City Council: Adoption of a resolution amending the Annual Beach Parking Lot Permit Program to allow for an annual permit’s expiration date to be based on the date of purchase Approved: 5-0
Resolution No. 22-R0249-1
14. City Council: Adoption of a resolution establishing an all -way stop control at the intersection of Brooks Street at Country Club Lane, award of a construction contract to Tri -Group Construction and Development, Inc. of San Diego in the amount of $269,410 for the CDBG - Brooks Street ADA Improvement Project; and authoriz ation for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Resolution No. 22-R0250-1
Action Minutes of Council, HDB, CDC & OPFA 5 05/04/2022
15. City Council: Adoption of the following resolut ions for each of the City’s eleven Landscape Maintenance Districts initiating the proceedings for renewal of the districts: 1) directing the City Engineer to prepare a report regarding the improvements and the proposed assessments for FY 2022-23; 2) approv ing the Engineer’s Reports as prepared or modified for FY 2022 -23; and 3) declaring an intent to levy and collect assessments for FY 2022-23 and setting a public hearing for June 8, 2022, at 6:00 p.m. in the City Council Chambers regarding the proposed assessments Approved: 5-0
Resolution No. 22-R0251-1
Resolution No. 22-R0252-1
Resolution No. 22-R0253-1
Resolution No. 22-R0254-1
Resolution No. 22-R0255-1
Resolution No. 22-R0256-1
Resolution No. 22-R0257-1
Resolution No. 22-R0258-1
Resolution No. 22-R0259-1
Resolution No. 22-R0260-1
Resolution No. 22-R0261-1
Resolution No. 22-R0262-1
Resolution No. 22-R0263-1
Resolution No. 22-R0264-1
Resolution No. 22-R0265-1
Resolution No. 22-R0266-1
Resolution No. 22-R0267-1
Resolution No. 22-R0268-1
Resolution No. 22-R0269-1
Resolution No. 22-R0270-1
Resolution No. 22-R0271-1
Resolution No. 22-R0272-1
Resolution No. 22-R0273-1
Resolution No. 22-R0274-1
Resolution No. 22-R0275-1
Resolution No. 22-R0276-1
Resolution No. 22-R0277-1
Resolution No. 22-R0278-1
Resolution No. 22-R0279-1
Resolution No. 22-R0280-1
Resolution No. 22-R0281-1
Resolution No. 22-R0282-1
Resolution No. 22-R0283-1
Action Minutes of Council, HDB, CDC & OPFA 6 05/04/2022
16. City Council: Adoption of the following resolutions for the Oceanside Lighting District, Assessment District No. 2 -1991 so as to initiate th e proceedings for the renewal thereof by: 1) directing the City Engineer to prepare an Engineer’s Report; 2) approving the Engineer’s Report as prepared or modified; 3) declaring the intent to levy and collect assessments for FY 2022 -23 and setting a public hearing for June 8, 2022, at 6:00 p.m. in the City Council Chambers regarding the proposed assessments
Approved: 5-0
Resolution No. 22-R0284-1
Resolution No. 22-R0285-1
Resolution No. 22-R0286-1
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. The City Council/HDB/CDC/OPFA has adopted a p olicy 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.
17. City Council: Adoption of a resolution approving the loan agreement with the U.S. Environmental Protection Agency (EPA) for a Water Infrastructure Finance and Innovation Act (WIFIA) loan to the Wastewater Utility for an amount up to $78 ,244,922, a term sheet with the EPA related thereto (Term Sheet), and an associated WIFIA Note payable to the EPA; and authoriz ation for the City Manager, or designee, to execute all documents related thereto
A) Report by Lindsay Leahy, Principal Water Engineer
B) Discussion
C) Recommendation – adopt resolution
Motion: Rodriguez
Second: Weiss
Approved: 5-0
Resolution No. 22-R0287-1
18. City Council: Approval of a Right-of-Way Encroachment Agreement with SiFi Networks Oceanside, LLC to allow the installation of a Citywide fiber communications system
A) Report by Brian Thomas, City Engineer
B) Discussion
C) Recommendation – approve agreement
Motion: Rodriguez
Second: Weiss
Approved: 5-0
Document No. 22-D0288-1
Action Minutes of Council, HDB, CDC & OPFA 7 05/04/2022
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.
19. City Council: Adoption of a resolution upholding Planning Commission Resolution No. 2022-P01 and approving Conditional Use Permit (CUP21-00016) to allow the potential storage and distribution of 19,780 gallons of corrosive liquids and 1,100 gallons of oxidizing material s for a new business known as ChemStation Pacific – Applicant: ChemStation Pacific, LLC; Appellant: Silvia Peters
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 Dane Thompson, Planner I
E) Testimony of Appellant, if requested
F) Testimony of Applicant, if requested
G) Recommendation – adopt resolution
Motion: Rodriguez
Second: Weiss
Approved: 3-2 (Sanchez, Jensen – No)
Resolution No. 22-R0289-1
20. City Council: Confirmation of the California Environmental Quality Act exemption in accordance with Section 15061 (b) (3), under the common -sense exemption for the Mission Avenue and Douglas Drive GPA project; adoption of a resolution approving a General Plan Amendment (GPA20- 00002) to change the land use designation of a portion of APN 158 -052-11-00 from Medium Density-A Residential to Special Commercial; introduc tion of an ordinance for a Zone Amendment (ZA 20-00007) to change the zoning designation of a portion of APN 158-052-11-00 from Medium Density Residential -A with a Senior Mobile Home Overlay to Special Commercial District; and adoption of a resolution approving Tentative Parcel Map (P20 -00004) to create two separa te parcels and approve Historic Permit (H20 -00001) to allow the Zone Change and Tentative Parcel Map within a historic area for the property located at 3904 and 3903 Mission Avenue
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 Patty Anders, Planning Consultant E) Recommendation – confirm exemption, adopt resolutions, and introduce ordinance Motion: Weiss
Second: Rodriguez
Approved: 5-0
Resolution No. 22-R0290-1
Resolution No. 22-R0291-1
Ordinance Introduced
21. City Council: Introduction of an ordinance adding Section 25.8 to Chapter 25 of the Oceanside City Code authorizing the City’s Military Equipment Use Policy as required by Assembly Bill (“AB”) 481 Action Minutes of Council, HDB, CDC & OPFA 8 05/04/2022
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 Sean Marchand, Police Captain E) Recommendation – introduce ordinance
Motion: Rodriguez
Second: Keim
Approved: 5-0
Ordinance Introduced
22. City Council: Adoption of a resolution fixing maximum solid waste user rates and annual compensation consumer price index adjustment to Waste Management of California; approval of Waste Management’s annual request for Consumer Price Index adjustment under the City’s solid waste service contract; and direct ion to staff to implement the user rates and franchise provider charges
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 Colleen Foster, Environmental Officer E) Recommendation – adopt resolution, approve adjustment, and direct staff Motion: Keim
Second: Weiss
Approved: 5-0
Resolution No. 22-R0292-1
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.
23. Advance written request to reserve time to speak:
a. Darren Jensen – Sober Living Homes; Investor Money-Grab vs. Neighborhood Approval/Well-Being
24. Communications from the public regarding items not on this agenda 19 Speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
25. Request by Mayor Sanchez and Councilmember Rodriguez to reinstate the Community Relations Commission; direction to staff
Request made
Motion: Sanchez
Second: Rodriguez
Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 9 05/04/2022
GENERAL COUNCILMEMBER COMMENTS
Comments made
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 intr oduced 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 waive d. 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.
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, May 18, 2022.
Adjourned at 9:10 p.m. in memory of Homer Post
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________