Action Minutes of Council, HDB, CDC & OPFA 1 09/14/2022
MEETING AGENDA
September 14, 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 09/14/2022
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 not 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(d)(1))
1. Senteno v. City of Oceanside, et al.
USDC Case No.: 21CV1923 TWR WVG
Item was discussed in closed session
2. Scott Hunter v. City of Oceanside
Worker’s Compensation No.: ADJ13659299; Claim No.: 21-153592 Item was discussed in closed session
3. Geoffrey Merzanis v. City of Oceanside
Worker’s Compensation No.: ADJ13946144; Claim No.: 20-151861 Item was discussed in closed session
4. Patricia Townsend v. City of Oceanside
Worker’s Compensation Np.: ADJ9849056; Claim No. 14558011 Item was discussed in closed session
5. Travelers Casualty Insurance Company of America, a Foreign Corporation; and Mohnacky Animal Hospitals, Inc., a California Corporation v. City of Oceanside, et al.
Superior Court Case No.: 37-2021-00017609-CU-PO-NC
Item was discussed in closed session
Action Minutes of Council, HDB, CDC & OPFA 3 09/14/2022
(B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (SECTION 54956.9)
1. Significant exposure to litigation pursuant to Subdivision (d)(2) of Section 54956.9:
(the facts and circumstances that might result in litigation against the agency are set forth in a communication from the Treasury Manager to the City Council dated June 6, 2022 and is available upon request)
Item was discussed in closed session
Council unanimously approved the release of a
redacted investigation report; a copy is available for
review at the City Clerk’s Office
Document No. 22-D0645-1
5:00 P.M. – ROLL CALL – All Present
INVOCATION – Pastor Carlos Almanza, Simple Faith Baptist Church PLEDGE OF ALLEGIANCE– Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
San Diego Humane Society & SPCA September Pet of the Month Proclamation given
Proclamation in Honor of Oceanside National Hispanic Heritage Month, September 15 through October 15, 2022
Proclamation given
Proclamation in Honor of Constitution Week September 17 -23, 2022, with the Daughters of the American Revolution, Santa Margarita Chapter
Proclamation given
CLOSED SESSION REPORT
3. Closed Session report by City Attorney
Report given
Action Minutes of Council, HDB, CDC & OPFA 4 09/14/2022
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 enacte d 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.
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 4-20: 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 24, 2022 Regular Meeting Approved: 5-0
6. City Council: Approval of a Purchase Order in the amount of $75,000 to Alfa Laval of Warminster, Pennsylvania, for as needed services and parts for the Aldec 606 dewatering centrifuges at the San Luis R ey Water Reclamation Facility; approval of the procurement as a sole source; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
7. City Council: Approval of Amendment 1 to the Professional Services Agreement with GovOS, Inc. in an estimated amount of $41,400, for a revised estimated contract amount of $170,600, extending the term of the Agreement for one year for Short-term Rental and Transient Occupancy Tax compliance and remittance services; and a uthorization for the City Manager to execute the amendment
Approved: 5-0
Document No. 22-D0624-1
8. City Council: Approval of Amendment 1 to the Professional Services Agreement with States Recovery Systems, Inc. extending the term of the Agreement for one year through September 25, 2023, in an amount based on percentage of collections received for debt collection services; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 22-D0625-1
9. City Council: Approval of Amendment 1 to the Professional Services Agreement with Selectron Technologies, Inc. in an estimated amount of $128,340, for a revis ed estimated contract amount of $290,160, extending the term of the Agreement for three years for Interactive Voice Response services; and authorization for the City Manager to execute the amendment Action Minutes of Council, HDB, CDC & OPFA 5 09/14/2022
Approved: 5-0
Document No. 22-D0626-1
10. HDB: Approval of Amendment 1 in the amount of $191,510 to the Public Works Agreement with TEK Steel Welding & Fabrication, Inc. for a total contract price of $241,010 for additional dock approaches and gates; and authorization for the Administrative Officer to execute the amendment Approved: 5-0
Document No. 22-D0627-2
11. City Council: Approval of Amendment 1 in the amount of $122,200 to the Professional Services Agreement with Bureau Veritas North America, Inc. of San Diego, for consultant Fire and Life Safety Plan Review Services for a two -year term effective July 1, 2022, through June 30, 2024, and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 22-D0628-1
12. City Council: Approval of Amendment 3 in the amount of $45,000 to the Professional Services Agreement with McAlister Institute for a total revised contract amount of $1,609,848 for the Sobering Services Center; and authorization for the City Manager or designee to execute the amendment
Approved: 5-0
Document No. 22-D0629-1
13. City Council/HDB: Approval of Amendment 9 to the Professional Services Agreement with The Ferguson Group of Washington, D.C., in the amount of $160,084, for a two-year period for federal legislative support services, extending the term of the agreement from July 1, 2022 to June 30, 2024; and authorization for the City Manager/Administrative Officer to execute the Amendment Approved: 5-0
Document No. 22-D0630-1
14. City Council: Ratification of t he completed emergency repairs to a 27-inch steel pipe at San Luis Rey Water Reclamation Facility; approv al of Amendment 2 to the Public Works Agreement with Growth Development Marketing, Inc. in the amount of $76,439 for a total contract amount of $167,439; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0631-1
15. HDB: Approval of a Professional Services Agreement with GHD, Inc., in the amount of $349,470, for the Design, Engineering & Permitting of the Oceanside Small Craft Harbor Fishing Pier and Non- Motorized Vessel Launch and authoriz ation for the Administrative Officer to exec ute the contract upon receipt of all supporting documents
Action Minutes of Council, HDB, CDC & OPFA 6 09/14/2022
Approved: 5-0
Document No. 22-D0632-2
16. City Council: Acceptance of $129,929 in grant funds from the 2021 State Homeland Security Program (SHSP); appropriat ion of these funds to the Fire and Police D epartments; and authorization for the City Manager, or designee, to execute all related grant documents Approved: 5-0
Document No. 22-D0633-1
17. City Council: Adoption of a resolution to accept State funds from the State Ocean Protection Council in an amount not to exceed $1,011,391 and authorization for the City Manager or his designee to execute the funding agreement; adoption of a resolution adopting the Final Mitigated Negative Declaration and associated Mitigation, Monitoring and Reporting Program for the Loma Alta Slough Wetlands Enhancement Project ; and approval of a Professional Services Agreement with Environmental Science Associates not to exceed $138,630 for entitlement, final design and construction bid support
Approved: 5-0
Resolution No. 22-R0634-1
Document No. 22-D0635-1
Resolution No. 22-R0636-1
18. City Council: Adoption of a resolution declaring its intention to vacate a portion of Loretta Street, a 60 foot wide right-of-way, located between the northeasterly boundary of Lots 169 and 155 and the southwesterly subdivision boundary of Francine Villas, in the City of Oceanside, County of San Diego, State of California, according to Map thereof No. 3031, filed in the office of the County Recorder of San Diego County on October 8, 195 3, reserving therefrom an public easement for water, sewer, and emergency access, and setting a public hearing for October 5, 2022, at 6:00 p.m. in the City Council Chambers to consider ordering the vacation Approved: 5-0
Resolution No. 22-R0610-1
19. City Council: Acceptance of the City Treasurer’s Report for the quarter and fiscal year ended June 30, 2022
Approved: 5-0
20. City Council: Rejection of all bids for the Grandview Street Improvement Project; and authorization for the City Engineer to re-bid the project
Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 7 09/14/2022
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.
21. City Council: Award of a contract to GSE Construction Company, Inc. of Livermore in the amount of $1,481,400 for the construction of the La Salina Wastewater Treatment Plant Digesters Cleaning and Piping Improvement Project; approv al of a Professional Services Agreement with Butier Engineering, Inc. of Tustin in the amount of $227,987 to provide construction management and inspection services; authorization for the City Engineer to approve Change Orders up to 15 percent of the contract value for any unforeseen conditions; and authoriz ation for the City Manager to execute the agreements upon receipt of all supporting documents
A) Report by Mabel Uyeda, Acting Principal Water Engineer B) Discussion
C) Recommendation – award contract and approve agreement Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 22-D0638-1
Document No. 22-D0639-1
22. City Council: Approval of Change Order 4 with TC Construction Company, Inc of Santee in the amount of $1,253,93 7, for a total contract amount of $10,558,02 7 for the Oceanside Boulevard Sewer Lift Station relocation project; approval of Amendment 7 to the Professional Services Agreement with Infrastructure Engineer Corporation in the amount of $30,000 for a total contract amount of $1,279,408 for engineering design services; approval of Amendment 1 with Valley Construction Management of San Diego in the amount of $181,850 for a revised contract amount of $1,161,500 for construction management and inspection services; appropriation of funds in the amount of $1.85 Million from the Sewer Fixed Asset Replacement Fund Unrestricted Fund Balance; and Authorization for the City Manager to execute the change order and amendments
A) Report by Mabel Uyeda, Acting Principal Water Engineer B) Discussion
C) Recommendation – approve change order and amendments Motion: Keim
Second: Sanchez
Approved: 5-0
Document No. 22-D0640-1
Document No. 22-D0641-1
Document No. 22-D0642-1
Council Member Christopher Rodriguez left the meeting at 5:56PM
Action Minutes of Council, HDB, CDC & OPFA 8 09/14/2022
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.
23. City Council: Receipt of public comment and acceptance of the report on water quality relative to Public Health Goals
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 Lori Rigby, Compliance Officer E) Recommendation – accept report
Motion: Weiss
Second: Keim
Approved: 4-0 (Rodriguez – Absent)
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.
24. Advance written request to reserve time to speak:
a. Katie Taylor – Political Abuse
b. Brandon Butcher – Request for Assistance - No Show
25. Communications from the public regarding items not on this agenda 6 speakers
Action Minutes of Council, HDB, CDC & OPFA 9 09/14/2022
MAYOR AND/OR COUNCILMEMBER ITEMS
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 (urgenc y 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.
26. City Council: Adoption of an ordinance amending Chapter 37 Article V to authorize the Water Utilities Director to declare Drought Levels 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
(Introduced August 24, 2022, 5-0)
Motion: Keim
Second: Weiss
Approved: 4-0 (Rodriguez – Absent)
Ordinance No. 22-OR0643-1
27. City Council: Adoption of ordinances approving Zone Amendments (ZA13-00001 & ZA13-00008) to change the zoning designation from Limited Industrial (LI) to Medium Density Residential – C (RMC)
(Introduced August 24, 2022, 4-1 (Sanchez – No))
Motion: Weiss
Second: Keim
Approved: 3-1 (Sanchez – No, Rodriguez - Absent)
Ordinance No. 22-OR0644-1
Ordinance No. 22-OR0653-1
Action Minutes of Council, HDB, CDC & OPFA 10 09/14/2022
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, September 28, 2022.
Adjourned at 6:16 P.M. in memory of Shelby Jacobs
APPROVED BY COUNCIL/HDB/CDC/OPFA: 9/28/2022
Zeb Navarro
City Clerk, City of Oceanside