Action Minutes of Council, HDB, CDC & OPFA 1 06/22/2022
MEETING AGENDA
June 22, 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 06/22/2022
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 Oceanside (MECO), Oceans ide 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. CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: Goat Hill Golf Course located at 2323 Goat Hill (Portion of APN 151-011-11); Negotiating Parties: City of Oceanside and Goat Hill Park, LLC. ; Negotiator for the City: Vicki Gutierrez, Real Estate Manager; Under Negotiations: Price and terms for the lease of real property Item was discussed in closed session
3. LITIGATION OR OTHER ADVERSARY PROCEEDING (E.G., ADMINISTRATIVE HEARING, ARBITRATION) (SECTION 54956.9(c))
(A) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Section 54956.9(a))
1. Claimant: NPG Asphalt, Inc. v. City of Oceanside
Claim Number: GC2022-000074
Item was discussed in closed session
4. PUBLIC EMPLOYEE APPOINTMENT, PUBLIC EMPLOYMENT, PERSONNEL EVALUATION AND DISCIPLINE (SECTION 54957)
(A) PUBLIC EMPLOYEE APPOINTMENT
1. City Manager
Item was discussed in closed session
ROLL CALL – All Present
INVOCATION – Dr. Kadri J. Webb, Senior Pastor, St. John Missionary Baptist Church PLEDGE OF ALLEGIANCE – Mayor Sanchez
Action Minutes of Council, HDB, CDC & OPFA 3 06/22/2022
PROCLAMATIONS AND PRESENTATIONS
Mayor's Monarch Pledge Proclamation 2022
Proclamation given
CLOSED SESSION REPORT
5. 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 submittal of Request to Speak form prior to the commencement of this agenda item.
6. 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 after a reading only of the title(s)
Motion to Approve Consent Calendar Items 6-20, 23, 25-32:
Jensen
Second: Keim
Approved: 5-0
7. 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 June 8, 2022 Regular Meeting Approved: 5-0
8. City Council: Approval of annual purchase orders for materials, services, supplies and equipment in amounts over $50,000 for FY 2022 -23 from various Fire Department accounts for a total of $2,124,667; and authoriz ation for the Financial Services Director, or designee, to execute t he annual purchase orders
Approved: 5-0
9. City Council: Approval of a purchase order in the amount of $212,917 to Leavitt Communications of Paradise Valley, Arizona for the purchase of Very High Frequency portable radios for the Fire Department; authorization for a budget appropriation from Assigned Mutual Aid; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
10. City Council: Approval of Amendment 3 to the Professional Service Agreement (PSA) with Vi sta Group Inc. , in an amount not to exceed $ 318,000 for the provision of the motel rooms for unsheltered residents needing temporary shelter; approval of a PSA with San Diego Rescue Mission in an amount not to exceed $ 170,256 to provide onsite housing supp ortive services; approval of an appropriation of $366,534 from the Inclusionary In Lieu Fund reserves; and authorization of the City Manager or designee to execute all associated agreements Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 4 06/22/2022 Document No. 22-D0401-1
Document No. 22-D0402-1
11. City Council: Approval of an Amendment to Professional Services Agreement with Hinderliter de Llamas and Associates (HdL) in the amount of $1,200 annually plus twenty -five (25%) percent of all new transaction or use tax revenue received by the City as a re sult of audit and recovery work performed estimated at $5,000 annually for Measure X sales and use tax services; and authorization for the City Manager to execute the Amendment
Approved: 5-0
Document No. 22-D0403-1
12. City Council : Approval of Amendment 2 to the Professional Services Agreement with McAlister Institute in an amount of $129,000, for the continued operation of the Sobering Services Center from July 1, 2022, through August 30, 2022; appropriation of $332,000 from the County Health and Human Services Agency Grant; and authorization for the City Manager, or designee, to execute the amendment
Approved: 5-0
Document No. 22-D0404-1
13. City Council: Approval of a Professional Services Agreement with Hadronex, Inc., dba SmartCover Systems, of Escondido in an amount not to exceed $230,025 for the five -year period for real time sewer overflow monitoring; approv al of the purchase as a sole -source procurement; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 22-D0405-1
14. HDB: Approval of a three-year Professional Contractor Services Agreement with Prizm Janitorial Services, Inc., of Poway for an annual amount not to exceed $187,754 for Janitorial services; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0406-2
15. HDB: Approval of a three-year Public Works Agreement with Brightview Landscape Services, Inc. of Vista for an annual amount not to exceed $20,700 for the landscape maintenance services per year, with two one -year renewal options; and authoriz ation for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0407-2
16. City Council: Approval of a three-year Professional Services Agreement with Man-K9, Inc. to provide training services to the Police Department’s Canine Unit, not to exceed $30,000 per year; and authorization for the City Manager or designee to execute the agreement Approved: 5-0
Document No. 22-D0408-1
Action Minutes of Council, HDB, CDC & OPFA 5 06/22/2022
17. City Council: Approval of a five-year Professional Services Agreement, effective July 1, 2022, with UtiliQuest, LLC, of Alpharetta, Georgia, in the annual amount of $150,800 for year one and an estimated five-year total of $800,618 for underground facility location and marking services for the Public Works Department; appropriat ion of Assigned Infrastructure funds to the Traffic Control System account; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0409-1
18. City Council: Approval of a three-year Public Works Agreement with Downstream Services, Inc. of Escondido in the annual amount of $271,159 for a total of $813,477 for the Annual Citywide Storm Drain Inspection and Cleaning Program; appropriat ion of funds from the Solid Waste fund; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 22-D0410-1
19. City Council: Approval of a two-year term Public Works Agreement with Singh Group Inc ., in the amount of $222,976 annually for encampment-related litter removal services; and authoriz ation for the City Manager to execute the agreement
Approved: 5-0
Document No. 22-D0411-1
20. City Council: Award of a Public Works Agreement in the amount of $13,061,023 to ATP General Engineering C ontractors of San Diego, for the Slurry Seal & Overlay Project CIP22 -00004; appropriation of $3,102,712 from the General Capital project assigned; and authoriz ation for the City Manager to execute the agreement upon receipt of all supporting documents Approved: 5-0
Document No. 22-D0412-1
21. City Council: Adoption of two resolutions to provide for approval of the apron reconstruction and infield grading improvements (“Project”) at the Bob Maxwell Memorial Airfield; acceptance of a grant award from the Federal Aviation Administration (“FAA”) in the amount of $2,222,477 for the Project; award of the construction contract for the Project to Sukut Construction, LLC; submittal of an application for a State of California Department of Transportation of Aeronautics (“Caltrans”) Airport Improvement Plan matching grant for th e Project; authorization to accept the matching grant funds, if awarded; authorization to execute grant agreements and any other documents required to finalize the FAA grant and the Caltrans grant, upon review and approval by the City Attorney; appropriation of up to $246,942 from the General Capital Projects Fund for the City’s matching share of the FAA grant; and appropriation of the grant funds and the matching share to the airport maintenance and operation fund
Item removed for discussion by Mayor Sanchez
Motion: Weiss
Second: Keim
Approved: 4-1 (Sanchez – No)
Resolution No. 22-R0413-1
Resolution No. 22-R0414-1
Document No. 22-D0415-1
Action Minutes of Council, HDB, CDC & OPFA 6 06/22/2022
22. City Council : Approval of the plans and specifications for the apron reconstruction and infield grading improvement project at the Bob Maxwell Memorial Airfield; approv al of an on-call consultant agreement with C & S Engineers, Inc. for a three -year term; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents Document No. 22-D0416-1
Item removed for discussion by Mayor Sanchez
Motion: Weiss
Second: Keim
Approved: 4-1 (Sanchez – No)
23. City Council : Adoption of a resolution authorizing the City to accept a CALTRANS Sustainable Transportation Planning grant in the amount of $300,000 to conduct a feasibility study to complete the Oceanside Coastal Rail Trail; and authoriz ation for the City Manager to execute all necessary grant documents
Approved: 5-0
Resolution No. 22-R0417-1
24. City Council: Approval of revisions to the City’s “Guidelines for Determining Findings of Substantial Conformance” (Substantial Conformance Guidelines)
Item removed for discussion by Mayor Sanchez
Motion: Weiss
Second: Keim
Approved: 4-1 (Sanchez – No)
25. City Council: Adoption of three resolutions related to the Oceanside General Municipal Election:
calling and giving notice of the General Municipal Election to be held on Tuesday, November 8, 2022, for the election of one Council Member to represent District 1, and one Council Member to represent District 2, and for any ballot measure(s) that may be authorized by the City Council; requesting the San Diego County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election to be held on Tuesday, November 8, 2022, pursuant to Section 10403 of the Election Code; and adopting regulations for candidates for elective office pert aining to materials submitted to the electorate and the costs thereof for the General Municipal Election Approved: 5-0
Resolution No. 22-R0418-1
Resolution No. 22-R0419-1
Resolution No. 22-R0420-1
26. City Council: Adoption of resolutions authorizing the levy of special taxes for Community Facilities Districts 2000-1 (Ocean Ranch), 2001-1 (Morro Hills), and 2006-1 (Pacific Coast) for FY 2022-23 Approved: 5-0
Resolution No. 22-R0421-1
Resolution No. 22-R0422-1
Resolution No. 22-R0423-1
Action Minutes of Council, HDB, CDC & OPFA 7 06/22/2022
27. City Council : Adoption of a resolution acknowledging receipt of the annual Oceanside Fire Department report regarding the inspection of certain occupancies, including schools, hotels, motels, lodging houses, apartments, and certain residential c are facilities, pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code Approved: 5-0
Resolution No. 22-R0424-1
28. City Council : Adoption of a resolution approving and implementing the Memorandum of Understanding between the City of Oceanside and the Oceanside City Employees’ Association effective July 1, 2022, through June 30, 2024
Approved: 5-0
Resolution No. 22-R0425-1
Document No. 22-D0426-1
29. City Council : Adoption of a resolution approving and implementing the Memorandum of Understanding between the City of Oceanside and the Management Employees of the City of Oceanside effective July 1, 2022, through June 30, 2024 Approved: 5-0
Resolution No. 22-R0427-1
Document No. 22-D0428-1
30. City Council : Adoption of a resolution approving and implementing the Memorandum of Understanding between the City of Oceanside and the Western Council of Engineers, effective July 1, 2022, through June 30, 2024
Approved: 5-0
Resolution No. 22-R0429-1
Document No. 22-D0430-1
31. City Council: Approval of an update to the Salary Schedule and adopt ion of the new Hourly Extra Help Supplemental Salary Schedule effective June 26, 2022 Approved: 5-0
32. HDB: Approval of a request by Mr. Gerald Allen to add four additional terms to the sublease of his Harbor slip from May 15, 2022 to May 14, 2023, as a new boat for the slip permittee is being built Approved: 5-0
33. City Council: Acceptance of the City Treasurer’s Report for the quarter ended March 31, 2022 and adoption of a resolution approving the City of Oceanside Investment Policy Item removed for discussion by Councilmember Rodriguez
Motion: Rodriguez
Second: Keim
Approved: 5-0
Resolution No. 22-R0439-1
Action Minutes of Council, HDB, CDC & OPFA 8 06/22/2022
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 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.
34. City Council : Adoption of a resolution approving and implementing the Compensation Plan for Unrepresented Employees effective July 1, 2022
A) Report by Robert O’Brien, Interim Deputy City Manager B) Discussion
C) Recommendation – adopt resolution
Motion: Keim
Second: Weiss
Approved: 5-0
Resolution No. 22-R0431-1
Document No. 22-D0432-1
35. City Council: Approval of the spending plan for $16,534,082 of American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds and $5,446,674 in ARPA Lost Public Sector Revenue funds (Round Two)
A) Report by Michael Gossman, Assistant City Manager
B) Discussion
C) Recommendation – approve spending plan
Motion: Weiss
Second: Keim
Approved: 5-0 (Note: Sanchez – voting yes with the
exception of having more money towards the at-risk
neighborhoods)
36. City Council: Award of a contract to Cox Construction Company of Vista, California in the amount of $13,579,000 for the Fire Station No. 1 project; authorize funds in the amount of $1,610,000 to cover permits, fees, furniture, fixtures and equipment; IT-related equipment; specialty inspection, construction administration, tribal consultation and cultural resources monitoring, construction support and administration allocation; authorization for contingencies in the amount of $1,357,900 or ten percent of the construction cost; au thorization for the City Engineer to execute Change Orders up to ten percent of the construction cost for a total cost of $16,546,900; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
A) Report by Brian Thomas, City Engineer
B) Discussion
C) Recommendation – award contract
Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 22-D0433-1
Action Minutes of Council, HDB, CDC & OPFA 9 06/22/2022
37. City Council : Adoption of a resolution appropriating $4,029,048 in Road Maintenance and Rehabilitation Account funds provided by Senate Bill 1 to City Gas Tax Fund 265 and approve the City’s project list for FY 2022-23
A) Report by David Toschak, Principal Civil Engineer
B) Discussion
C) Recommendation – adopt resolution
Motion: Rodriguez
Second: Keim
Approved: 5-0
Resolution No. 22-R0434-1
38. City Council : Adoption of a resolution for the TransNet Local Street Improvement Program of Projects for the City of Oceanside in the 2023 Regional Transportation Improvement Program (RTIP)
A) Report by David Toschak, Principal Civil Engineer
B) Discussion
C) Recommendation – adopt resolution
Motion: Rodriguez
Second: Keim
Approved: 5-0
Resolution No. 22-R0435-1
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.
39. City Council : Adoption of a resolution upholding the Planning Commission’s certification of an Environmental Impact Report with associated Mitigation Monitoring and Reporting Program and approval of Tentative Map (T21 -00001), Development Plan (D21 -00001), and Density Bonus (DB21-00001) to allow the subdivision of a 7.38 gross acre site into 54 single-family residential lots surrounding a private loop road, with a central green space and guest parking in several locations throughout the site located west of Los Arbolitos Boulevard a t the Aspen Street and Pala Road intersections and situated within the San Luis Rey Neighborhood Planning Area. – Applicant:
Concordia Communities, LLC.; Appellant: Gerry Craft
A) Mayor opens public hearing
B) Mayor requests disclosure of Councilmember and constituent contacts and correspondence C) Clerk presents correspondence and/or petitions
D) Testimony beginning with Richard Greenbauer, Principal Planner E) Testimony of Appellant, if requested
F) Testimony of Applicant, if requested
G) Recommendation – adopt resolution
Motion to adopt the resolution: Keim
Second: Weiss
Action Minutes of Council, HDB, CDC & OPFA 10 06/22/2022 Approved: 3-2 (Sanchez, Rodriguez – No)
Resolution No. 22-R0436-1
40. City Council: Adoption of a resolution upholding Planning Commission Resolution No. 2022 -P04 approving Tentative Map (T21-00004), Development Plan (D21-00008), and Density Bonus (DB21- 00004) to allow a thirteen (13) lot subdivision, development of eight (8) new single -family homes and the preservation of four (4) existing single -family homes on a 2.15 -acre parcel located 1728 Whaley Street (APN 154 -020-54) – Applicant: RREG Investments Series, LLC; Appellant: Jennifer Meyerdierks
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 Sergio Madera, City Planner E) Testimony of Appellant, if requested
F) Testimony of Applicant, if requested
G) Recommendation – adopt resolution
Motion to find for the appellant: Sanchez
Second: Keim
Motion failed: 2-3 (Jensen, Rodriguez, Weiss – No)
Motion to adopt the resolution with the inclusion of the connection of the sidewalk on Kurtz Street as a condition:
Weiss
Second: Rodriguez
Approved: 3-2 (Sanchez, Keim – No)
Resolution No. 22-R0437-1
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 e xists 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.
41. Advance written request to reserve time to speak: None
42. Communications from the public regarding items not on this agenda 7 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
43. Request by Councilmembers Rodriguez and Jensen for Council discussion regarding Oceanside’s current homeless population count and direction to staff concerning city efforts moving forward Item has been continued to a later meeting
Action Minutes of Council, HDB, CDC & OPFA 11 06/22/2022
GENERAL COUNCILMEMBER COMMENTS
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 adopte d 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 Cit y 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 Reque st to Speak form prior to the commencement of this agenda item.
44. City Council: Adoption of an Ordinance authorizing the City to implement Community Choice Energy pursuant to State law
(Introduced June 8, 2022, 4-1)
Motion: Keim
Second: Weiss
Approved: 4-1 (Rodriguez – No)
Ordinance No. 22-OR0396-1
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, August 10, 2022.
Adjourned at 9:26 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside