Action Minutes of Council, HDB, CDC & OPFA 1 09/28/2022
MEETING AGENDA
September 28, 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 09/28/2022
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. CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8) (A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: Portion of El Corazon Property (Portion of APN 162-082-54); Negotiating Parties: City of Oceanside and Sudberry Development Inc.; Negotiator for the City: Vicki G utierrez, Real Estate Manager; Under Negotiations: Price and terms for the lease and/or sale 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 – ANTICIPATED LITIGATION (SECTION 54956.9)
1. Significant exposure to litigation pursuant to Subdivision (d)(2) of Section 54956.9:
1 case Contract claims filed PCN3 related to the Beachfront Improvement Project dated May 3, 2022 and August 27, 2022.
Item was not discussed in closed session
5:00 P.M. –ROLL CALL – All Present
INVOCATION – Senior Pastor Adam Riojas, At The Cross Oceanside Church PLEDGE OF ALLEGIANCE– Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Proclamation in honor of Blue Star Families Week
Proclamation given
Proclamation in honor of National Service Dog Month
Proclamation given
Action Minutes of Council, HDB, CDC & OPFA 3 09/28/2022
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 Council/HDB/CDC/OPFA instructions. The items listed on the Consent Calendar may be enacted by a single vote. There will be no separate d iscussion 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 rea ding 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 5-17: Keim
Second: Sanchez
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 September 14, 2022 Regular Meeting Approved: 5-0
7. City Council: Approval of a purchase order, in an amount not to exceed $56,438, to NexTech Systems, Inc., for 28 EtherWAN EX78924E -OVB managed switches for the Public Works Traffic Engineering Division; and authorization for the Financial Services Director, or designee, to execute the purchase order
Approved: 5-0
8. City Council: Approval of a purchase order in the amount of $72,501 to Hartzell Air Movement, for the purchase of four spare odor control exhaust fans at the La Salina Wastewater Treatment Plant; 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
9. City Council: Approval of a purchase order in the amount of $106,103 to Ovivo USA, LLC for the replacement of one Pressurization Tank and field service site inspection at the La Salina Wastewater Treatment Plant; 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
10. City Council: Approval of a purchase order in the amount of $74,630 to New York Blower Company, for the purchase of two blowers at the San Luis Rey Water Reclamation Facility; approval of the procurement as a sole source; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order
Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 4 09/28/2022
11. City Council: Approval of Amendment 1 to the Professional Services Agreement with Invoice Cloud Corporation in the amount of $390,000, for a revised estimated contract amount of $93 1,000, extending the term of the Agreement for three years for on -line and Interactive Voice Response payment processing services; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 22-D0665-1
12. City Council: Approval of Amendment 2 to the Professional Services Agreement with Data Ticket, Inc. in the amount of $351,900, for a revised contract amount of $1,170,065, extending the term for one year for parking citation and parking permit issuance, processing, and collection services; appropriation of $34,000; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 22-D0666-1
13. City Council: Approval of a Public Works Agreement with Botsford Construction, in the amount of $300,000, for Citywide Carpentry Services for a one-year term with three one -year options; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0667-1
14. City Council: Approval of a Public Works Agreement with Powerclean of Fallbrook, in the amount not to exceed $144,377, to provide Citywide pressure washing services for a one -year term with five, one-year renewal options; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0668-1
15. City Council: Adoption of a resolution approving an agreement with the County of San Diego in the amount of $68,000 for the 2022 Regional Realignment Response Group (R3G); approv al of the expenditure plan; appropriation of these funds to the Police Department; and authorization for the City Manager, or designee, to execute the agreement and all other required documents Approved: 5-0
Resolution No. 22-R0669-1
Document No. 22-D0670-1
16. City Council: Acceptance of $150,912 in grant funds from California State Library, awarded to the City for literacy services provided to adults and families of adults, and appropriation of these funds to the Library Department
Approved: 5-0
17. City Council: Approval of revised Bylaws for the O ceanside Historical Preservation Advisory Commission
Approved: 5-0
Document No. 22-D0671-1
Action Minutes of Council, HDB, CDC & OPFA 5 09/28/2022
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. Aft er the City Attorney has read the titles, the City Council/HDB/CDC/OPFA may introduce the ordinances in a single vote.
18. City Council: Approval of the revised FY 2022-23 (Year 4) Measure X Spending Plan, approval of a Professional Services Agreement with Mai nStreet Oceanside in the amount of $1,326,319 for implementation and management of a one-year pilot program for enhanced safety and security in Downtown Oceanside; and authorization for the City Manager to execute the Agreement
A) Report by Michael Gossman, Assistant City Manager
B) Discussion
C) Recommendation – approve spending plan and agreement Motion: Sanchez
Second: Jensen
Approved: 5-0
Document No. 22-D0672-1
19. City Council: Award of a Public Works Agreement for the Pier Util ity Replacement Project to Jilk Heavy Construction, Inc. of Brea, in the amount of $5,556,000; approval of Amendment 2 to the Professional Services Agreement with Richard Brady and Associates for construction support and inspection services in the amount of $553,700, for a total compensation not to exceed $1,153,350; appropriation of $2,665,700 from the General Fund Pier Assigned Maintenance; and authorization for the City Manager to execute the agreement and amendment upon receipt of all supporting documents
A) Report by Nathan Mertz, Public Works Division Manager B) Discussion
C) Recommendation – award agreement and approve amendment Motion: Keim
Second: Weiss
Approved: 5-0
Document No. 22-D0673-1
Document No. 22-D0674-1
20. City Council: Receipt and filing of the Climate Action Plan Implementation Progress Report
A) Report by Lindsey Smith, Professional Assistant
B) Discussion
C) Recommendation – receive and file report
Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 22-D0675-1
Action Minutes of Council, HDB, CDC & OPFA 6 09/28/2022
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.
21. City Council /HDB/CDC: Adoption of resolutions approving the 2022 Amendment to the Local Conflict of Interest Code s for the City of Oceanside, Oceanside Small Craft Harbor District, and Oceanside Community Development Commission
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 John P. Mullen, City Attorney E) Recommendation – adopt resolutions
Motion: Sanchez
Second: Weiss
Approved: 5-0
Resolution No. 22-R0676-1
Resolution No. 22-R0677-2
Resolution No. 22-R0678-3
22. CDC: Adoption of a resolution approving the Family Self Sufficiency Action Plan for the Section 8 Housing Choice Voucher Program
A) Chair opens Public Hearing
B) Chair requests disclosure of Commissioners and constituent contacts and correspondence C) Secretary presents correspondence and/or petitions
D) Testimony beginning with Leilani Hines, Housing and Neighborhood Services Director E) Recommendation – adopt resolution
Motion: Sanchez
Second: Weiss
Approved: 5-0
Resolution No. 22-R0679-3
23. CDC: Adoption of a resolution approving a Regular Coastal Permit (RRP21 -00002) to allow the demolition of a two -story dwelling unit and garage and the construction of a new 1,000 square foot Accessory Dwelling Unit (ADU) above a three-car garage to be attached to an existing duplex on the property located at 720 South Pacific Street
A) Chair opens Public Hearing
B) Chair requests disclosure of Commissioners and constituent contacts and correspondence C) Secretary presents correspondence and/or petitions
D) Testimony beginning with Delaney Carmen, Planner I
E) Recommendation – adopt resolution
Motion: Rodriguez
Second: Weiss
Action Minutes of Council, HDB, CDC & OPFA 7 09/28/2022
Approved: 5-0
Resolution No. 22-R0680-3
24. City Council: Introduction of an ordinance amending Chapter 6, Articles I, II, III, IV, VI, VIII, XII, XIII, XV, and Chapter 11, Article II, of the Oceanside Municipal Code to reflect the adoptions of the 2022 edition of the California Building Standards Code including local amendments, reduction in the required minimum size of the Construction Interpretation Board of Appeals, reincorporation of renewal and expired permit fees; and adopt ion of a resolution of express findings supporting the local amendments
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 David Gans, Chief Building Official and David Parsons, Fire Chief E) Recommendation – introduce ordinance and adopt resolution Report Given
Introduce Ordinance with the change of reducing the size of the Construction Interpretation Appeals Board to five people and a minimum of three for a quorum: Sanchez
Second: Weiss
Approved: 5-0
Ordinance Introduced
Resolution No. 22-R0681-1
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.
25. Advance written request to reserve time to speak: None
26. Communications from the public regarding items not on this agenda 7 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
None
GENERAL COUNCILMEMBER COMMENTS
Comments made
Action Minutes of Council, HDB, CDC & OPFA 8 09/28/2022
ADOPTION OF ORDINANCES
The following items are ordinances for adoption by the City Council/HD B/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 ag enda item.
ADJOURNMENT
Meeting adjourned at 7:10pm in memory of Marty de la Rosa The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, October 5, 2022.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside