Action Minutes of Council, HDB, CDC & OPFA 1 08/24/2022
MEETING AGENDA
August 24, 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 08/24/2022
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 – EXISTING LITIGATION (Section 54956.9(a))
1. Travelers Casualty Insurance Company of America, a Foreign Corporatio n; and Mohnacky Animal Hospitals, Inc., a California Corporation v. City of Oceanside, et al.
Superior Court Case No.: 37-2021-00017609-CU-PO-NC
Case was not heard and item has been continued to
next council meeting
5:00 P.M. – ROLL CALL – All Present
INVOCATION – Pastor Sheldon Brown, Cause of Christ Church PLEDGE OF ALLEGIANCE– Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of Pastor Sheldon Brown
Proclamation given
Proclamation in Honor of 30 Year Anniversary of Main Street Oceanside's Farmers Market & 15 Year Anniversary of Main Street Oceanside's Sunset Market Proclamation given
Employee Service Awards
Awards given
CLOSED SESSION REPORT
3. Closed Session report by City Attorney
Action Minutes of Council, HDB, CDC & OPFA 3 08/24/2022
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 discussi on 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.
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 after a reading only of the title(s)
Motion to Approve Consent Calendar Items 4-11, 13-15, 18, 20-21, 23-24: Keim
Second: Jensen
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 August 10, 2022 Regular Meeting Approved: 5-0
6. City Council: Approval of Contract Change Order No. 4 to the Public Works Agreement with Reed Family Enterprises for the Fire Training Tower Project in the amount of $46,694, for a total revised contract amount of $1,233,470; and authorization for the City Engineer to execute the change order
Approved: 5-0
Document No. 22-D0576-1
7. City Council: Approval of Contract Change Order No. 5 to the Public Works Agreement with ATP General Engineering Contractors for the Overlay Project CIP 21-00003 in the amount of $ 26,398, for a revised contract amount of $3,5 93,317; and authorization for the City Engineer to execute the change order
Approved: 5-0
Document No. 22-D0577-1
8. City Council: Approval of Amendment 1 to the Professional Services Agreement with Coastal Building Services, Inc. of Orange, in an amount not to exceed $24,870, through the end of the contract term for additional janitorial services; approv al of Amendment 2 to the Professional Contractor Services Agreement with Powerclean for additional pressure washing services, in the amount of $2,344, for a three -month period for the Oceanside Transit Center (OTC) Parking Structure; and authorization for the City Manager to execute the amendments upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0578-1
Document No. 22-D0579-1
Action Minutes of Council, HDB, CDC & OPFA 4 08/24/2022
9. City Council: Approval of Amendment 1 to Property Use Agreement with Women’s Resource Center for the operation of the Transitional Housing Project loca ted at 1963 Apple Street, Oceanside, California, extending the term for ten -years, commencing on July 16, 2022 and expiring on July 15, 2032; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 22-D0580-1
10. City Council /HDB: Approval of Amendment 2 to the Property Use Agreement between the Oceanside Small Craft Harbor District and Boat Rentals of America, Inc., for a five-year minimum total revenue of $113,180; and authoriz ation for the Administrative Officer to execute the amendment
Approved: 5-0
Document No. 22-D0581-2
11. City Council: Approval of Amendment 1 to the Professional Services Agreement with Infrastructure Engineering Corporation of Oceanside, in the amount of $375,350, for a total contract amount of $2,767,051 to provide continuing construction management and inspection services for the Lower Recycled Water Package 1; and authorization for the City Manager to execute the Amendment Approved: 5-0
Document No. 22-D0582-1
12. City Council: Approval of Amendment 3 to the Professional Services Agreement with E -Source Companies, LLC in the amount of $436,000, for a revised contract amount of $1,891,180, for data management support for the Advanced Metering Infrastructure Project; and authorization for the City Manager to execute the amendment
Item pulled for discussion by member of the public
Motion: Sanchez
Second: Keim
Approved: 4-1 (Jensen – No)
Document No. 22-D0583-1
13. City Council: Approval of a Professional Services Agreement, in the amount of $63,260, with North County Lifeline for the Club Crown Heights Youth Development After School Programs “Club Crown Heights” at the Crown Heights Community Resource Center, effective July 1, 2022 through June 30, 2023; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 22-D0584-1
14. City Council: Approval of a Professional Services Agreement, in the amount of $78,825, with Vista Community Clinic for the Project REACH Program at the Libby Lake Community Center, effective July 1, 2022, through June 30, 2023; and authoriz ation for the City Manager to execute the agreement
Approved: 5-0
Document No. 22-D0585-1
Action Minutes of Council, HDB, CDC & OPFA 5 08/24/2022
15. City Council: Approval of a Professional Services Agreement, in the amount of $67,615, with Vista Community Clinic for the Project REACH Program at the Joe Balderrama Recreation Center, effective July 1, 2022, through June 30, 2023; and authorization for the City Manager to execute the agreement
Approved: 5-0
Document No. 22-D0586-1
16. City Council: Award of a Public Works Agreement in the amount of $245,400 to A.B. Hashmi, Inc. of San Diego for the Prince Memorial Skatepark Improvement Project, and authoriz ation for the City Manager to execute the agreement upon receipt of all supporting documents Item pulled for discussion by member of the public
Motion: Rodriguez
Second: Weiss
Approved: 5-0
Document No. 22-D0587-1
17. City Council: Award of a contract to Arnaz Engineering Contractors, Inc. of Anaheim, California for the Code Enforcement Relocation Phase 2 Project in the amount of $189,900; appropriat ion of $552,084 from the Public Facilities Fund 503, and $231,116 from the Inclusionary Housing In-Lieu Fund; authorization for the City Engineer to execute Change Orders up to $71,200 or ten percent of the total project budget; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Item pulled for discussion by member of the public
Motion: Rodriguez
Second: Keim
Approved: 5-0
Document No. 22-D0588-1
18. City Council: Acceptance of grant funds in the amount of $187,725 from the San Diego Regional Task Force on Homelessness for Housing Assistance and Prevention Program YR 2; appropriation of the funds to the Neighborhood Services Department; approv al of a Professional Services Agreement with Interfaith Community Services in the amount of $175,195; and authoriz ation for the City Manager to execute the agreements upon receipt of all supporting documents Approved: 5-0
Document No. 22-D0589-1
Document No. 22-D0590-1
19. City Council: Adoption of a resolution authorizing the City Manager or Designee to implement and execute applications, standard agreements and amendments or modifications thereto, as well as any other related documents for the Permanent Local Housing Allocation program Motion pulled for discussion by member of the public
Motion: Sanchez
Second: Keim
Approved: 5-0
Resolution No. 22-R0591-1
Action Minutes of Council, HDB, CDC & OPFA 6 08/24/2022
20. City Council: Approval of the addition of a Crime and Intelligence Analyst position and FY 2022-23 funding up to $112,129 for salary and benefits to be funded by the elimination of one vacant full- time position and one vacant part time position within the Police Department Approved: 5-0
21. City Council: Modification of an existing authorized position for FY 2022-23 by changing one full- time benefited Automotive Technician I to an Automotive Technician II Approved: 5-0
22. City Council: Adoption of a resolution approving the City of Oceanside Investment Policy Item pulled for discussion by member of the public
Motion: Rodriguez
Second: Keim
Approved: 3-2 (Sanchez, Weiss – No)
Resolution No. 22-R0592-1
23. City Council: Approval of and adoption of the revised City of Oceanside Salary Schedule and Executive Salary Schedule , approval of the classification of Principal Human Resources Analyst retroactively effective July 10, 2022 ; and appropriation of $17,727 from the Employee Benefits Fund
Approved: 5-0
24. City Council: Approval of Amendment No. 8 to the Employment Agreement betw een the City of Oceanside and the City Attorney, John P. Mullen
Approved: 5-0
Document No. 22-D0593-1
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 policy that it is sufficient to read the title of ordinances at the time of introduction and ado ption, 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.
25. City Council: Introduction of an ordinance amending Chapter 37 Article V to authorize the Water Utilities Director to declare Drought Level s 2 through Level 4 changes, and authorize the City Council to determine whether new potable water services, temporary meters, and permanent meters are issued at Drought Response Level 5 and 6
A) Report by Jordan Alejo, Environmental Specialist I
B) Discussion
C) Recommendation – introduce ordinance
Motion to introduce the ordinance with the change that any declaration shall come before the Council to ratify the Water Utilities Director’s decision: Weiss
Action Minutes of Council, HDB, CDC & OPFA 7 08/24/2022
Second: Keim
Approved: 5-0
Ordinance Introduced
26. City Council: Adoption of the resolution approving an employment agreement between the City of Oceanside and Jonathan Borrego, to serve as City Manager
A) Report by Robert O’Brien, Interim Deputy City Manager B) Discussion
C) Recommendation – adopt resolution
Motion: Keim
Second: Rodriguez
Approved: 5-0
Resolution No. 22-R0594-1
27. City Council: Acceptance and approval of the Oceanside Police Department Needs Assessment Study Phase I; approval of Amendment 2 to the Professional Services Agreement with LPA, Inc. in the amount of $149,750, for a revised contract amount of $171,325, to change the Scope of Services for the Phase II portion of the study; and authorization for a sole source agreement with LPA Design Studios for the completion of construction documents
A) Report by Brian Thomas, City Engineer
B) Discussion
C) Recommendation – accept and approve phase 1, approve amendment, authorize sole source Motion: Rodriguez
Second: Keim
Approved: 5-0
Document No. 22-D0595-1
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 o n the agenda to accommodate the 6:00 p.m. public hearing schedule.
28. City Council: Adoption of a resolution certifying an Environmental Impact Report (EIR); adopt ion of resolutions approving General Plan Amendments (GPA13-00001 & GPA13-00004) to change the land use designation from Light Industrial (LI) to Medium Density C – Residential (MDC -R); introductions of ordinances approving Zone Amendments (ZA13-00001 & ZA13-00008) to change the zoning designation from Limited Industrial (LI) to Medium Density Residential – C (RMC); and adoption of resolutions approving Development Plans (D17 -00006 & D17 -00007) for a Planned Block Development (PBD) Overlay for a 25.6-acre site located at 4665 and 4617 North River Road A) Mayor opens public hearing
B) Mayor requests disclosure of Councilmember and constituent contacts and correspondence C) Clerk presents correspondence and/or petitions
Action Minutes of Council, HDB, CDC & OPFA 8 08/24/2022
D) Testimony beginning with Sergio Madera, City Planner E) Recommendation – adopt resolution and introduce ordinances Motion to send back to staff with direction to come back with less density for any future projects: Sanchez
Motion died for lack of a second
Motion to approve staff’s recommendation with the Planned Block Development (PBD) Text at 15.1 as the maximum
density: Weiss
Second: Keim
Approved: 4-1 (Sanchez – No)
Ordinances Introduced
Resolution No. 22-R0596-1
Resolution No. 22-R0597-1
Resolution No. 22-R0598-1
Resolution No. 22-R0599-1
Resolution No. 22-R0600-1
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.
29. Advance written request to reserve time to speak: None
30. Communications from the public regarding items not on this agenda 11 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
GENERAL COUNCILMEMBER COMMENTS
No comments made
Action Minutes of Council, HDB, CDC & OPFA 9 08/24/2022
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.
31. City Council: Adoption of an ordinance amendi ng Article 30, Section 3032 entitled “Affordable Housing Density Bonus” (AHDB) of the Zoning Ordinance (ZA22-00001) to establish revised AHDB regulations conforming to the provisions of Government Code Section 65915 as amended through various Senate and Assembly Bills adopted between 2019 and 2021 (Introduced August 10, 2022, 4-0-1 (Sanchez - Abstain)) Motion: Weiss
Second: Rodriguez
Approved: 4-0-1 (Sanchez – Abstain)
Ordinance No. 22-OR0601-1
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, September 14, 2022.
Adjourned at 8:48 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: 9/14/2022
Zeb Navarro
City Clerk, City of Oceanside