Action Minutes of Council, HDB, CDC & OPFA 1 10/19/2022
MEETING AGENDA
October 19, 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 10/19/2022 3:30 P.M. – ROLL CALL – Closed session was cancelled
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 Closed session was cancelled
2. LITIGATION OR OTHER ADVERSARY PROCEEDING (E.G., ADMINISTRATIVE HEARING, ARBITRATION) (SECTION 54956.9(d))
(A) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (SECTION 54956.9(d)(1))
1. Aguirre v. Manson Construction Company. et al.
Superior Court Case No.: 37-2021-00019908-CU-PO-NC
Closed session was cancelled
5:00 P.M. ROLL CALL – Councilmember Rodriguez - Absent
INVOCATION – Dr. Clarence Crayton, Jr. Pastor, The Rise Church NATIONAL ANTHEM/PLEDGE OF ALLEGIANCE– Oceanside
High School Choirs/OHS Vocal Music Association
PROCLAMATIONS AND PRESENTATIONS
Presentation by Oceanside High School Choirs/OHS Vocal Music Association; Invitation to OHSVMA Spooktacular! October 27, 2022, 6 PM, OHS PAC; https://sites.google.com/oside.us/ohschoirs/home Presentation given
Presentation by OUSD OHS Career Technical Education (CTE) Environmental Innovation & Engineering Academy: Fast Fashion Presentation; Juan Hernandez, Teacher; Eric Joyce, OUSD Trustee
Presentation given
CLOSED SESSION REPORT
3. Closed Session report by City Attorney
Report given
Action Minutes of Council, HDB, CDC & OPFA 3 10/19/2022
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 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.
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 ordinance s shall be introduced after a reading only of the title(s)
Motion to Approve Consent Calendar Items 4-8, 10-17: Keim Second: Weiss
Approved: 4-0
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 October 5, 2022 Regular Meeting and the October 12, 2022 Workshop
Approved: 4-0
6. City Council: Approval of a purchase order, in an amount not to exceed $138,735, to Toyota of Carlsbad for four vehicles for the Code Enforcement Division, three of which are replacements and one is an addition to fleet; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order
Approved: 4-0
7. City Council: Approval of two purchase orders in a total amount not to exceed $72,926. The two purchase orders are for the following: Toyota of Carlsbad of Carlsbad, CA for two Toyota Tacoma 4x2 trucks in an amount not to exceed $59,418; Motorola Solutions of Chicago, IL for two encryption capable 800 MHz Police radios in an amount not to exceed $13,508; and authorization for the Financial Services Director, or designee, to execute the purchase orders Approved: 4-0
8. City Council: Approval of three purchase orders in a total amount not to exceed $ 135,955. The three purchase orders are for the following: Toyota of Carlsbad of Carlsbad, CA for two Toyota Tacoma double cab 4x4 trucks not to exceed $99,427, including contingencies; Emergency Vehicle Systems, LLC of El Cajon for vehicle upfitting and building in an amount not to exceed $26, 166; and San Diego Auto Body of Escondido, CA for unit recolor in yellow in an amount not to exceed $10,362; and authorization for the Financial Services Director, or designee, to execute the purchase orders
Approved: 4-0
9. City Council: Approval of a purchase order in the amount of $4,008,277 to Pier ce Manufacturing, Inc., of Appleton, Wisconsin for the purchase of two Type 1 fire engines and one tiller truck; authorize an additional $260,000 for the purchase of radios and equipment to be installed in the units; appropriation of from the Fleet Fund in the amount of $915,248 to the Fire Fleet Replacement account; approval of the utilization of sole source procurement; and authorization for the Financial Services Director, or designee, to execute the purchase order Action Minutes of Council, HDB, CDC & OPFA 4 10/19/2022 Item pulled for discussion by Councilmember Weiss
Motion: Weiss
Second: Sanchez
Approved: 4-0
10. City Council: Approval of Amendment 1, in the amount of $20 5,314, to the Professional Services Agreement with Granicus of Saint Paul, MN for a total revised contract amount of $529,617 for the addition of Legistar Meeting and Agenda Management Software as a Service; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents Approved: 4-0
Document No. 22-D0712-1
11. City Council: Approval of a Public Works Agreement with Charles Doherty Concrete of Oceanside, in the amount of $135,000, for tilt up wall concrete cracking/spalling repairs and the widening of the opening of the west side Fleet division roll up door at the City Operation Center ; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 4-0
Document No. 22-D0713-1
12. HDB: Approval of a Design/Build Public Works Agreement, in the amount not to exceed $950,475, with Bellingham Marine Industries, Inc., (BMI) of Bellingham, Washington, for design, permitting, and replacement of the Jolly Roger Transient Dock at the Oceanside Harbor; appropriat ion of $46,350 from the Harbor Unrestricted Fund balance; approval of a sole source justification for the agreement; and authorization for the Administrative Officer to execute the agreement Approved: 4-0
Document No. 22-D0714-2
13. City Council: Adoption of a resolution approving Final Map No. T15-0006 for the Grandview Point project and authorization for the City Clerk to record the Final Map with the San Diego County Recorder
Approved: 4-0
Resolution No. 22-R0715-1
14. City Council: Acceptance of $285,520 in grant funds from the Per Capita Programs; appropriation of the grant funds ; approval of a purchase order not to exceed $275,000 to American Ramp Company of Joplin, Missouri for public outreach, design, and installation of skate elements at John Landes Park; appropriation of $57,104 from the Park Fees Fund 598; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 4-0
15. City Council: Acceptance of $325,000 in grant funds from the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program 2022 -2023; approval of the grant budget; appropriation of the funds to the Police Department; and authoriz ation for the City Manager, or designee, to execute all related grant documents
Approved: 4-0
Action Minutes of Council, HDB, CDC & OPFA 5 10/19/2022
16. City Council: Adoption of an updated resolution approving applications for $285,520 in grant funds from the State of California, Department of Parks and Recreation Approved: 4-0
Resolution No. 22-R0716-1
17. City Council: Submission of the FY 2021-22 fourth quarter Financial Status Report and acceptance of the report and approval of the budget adjustments
Approved: 4-0
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.
18. City Council: Approval of a Professional Services Agreement, not to exceed $1,100,000, with California Waters Development, Inc. of Yorba Linda for design-build services for the Brooks Street Swim Center Renovations Project; appropriation of $124,340 from the Parks Fees Fund; and authorization for the City Manager to execute the agreement
A) Report by Darra Woods, Senior Civil Engineer
B) Discussion
C) Recommendation – approve agreement
Motion: Keim
Second: Jensen
Approved: 4-0
Document No. 22-D0717-1
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.
19. City Council: Adoption of a resolution upholding Planning Commission Resolution No. 2022 -P15 Certifying the Supplemental Environmental Impact Report and associated Findings of Fact along with a Mitigation Monitoring and Reporting Program and upholding Resolution No. 202 2-P16 approving a Tentative Tract Map, Development Plan, and Conditional Use Permit to allow a horizontal mixed-use development consisting of a 300-key resort hotel that includes a surfing wave lagoon, 134,000 square feet of commercial retail and office space, and 700 residential units on a vacant 92-acre site located generally at the northeast corner of State Route 76 and Foussat Road – Ocean Kamp – Applicant: O’Side Partnership, LLC; Appellants: San Diegans for Sustainable, Economic, and Equitable Development and Diane Nygaard
A) Mayor opens public hearing
Action Minutes of Council, HDB, CDC & OPFA 6 10/19/2022 B) Mayor requests disclosure of Councilmember 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: Weiss
Second: Keim
Approved: 4-0
Resolution No. 22-R0718-1
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.
20. Advance written request to reserve time to speak: None
21. Communications from the public regarding items not on this agenda - 4 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
22. Request by Councilmember Jensen and Councilmember Rodriguez to direct staff to update the City’s recreational facility usage policies to ensure a more equitable and transparent reservation and user group prioritization process
Motion to direct staff to update the City’s recreational facility usage policies to ensure a more equitable and transparent reservation and user group prioritization process, and for the City Manager to present a memo to Council and the public in 30 days detailing progress on reviewing and updating the field allocation process with public input: Jensen
Second: Sanchez
Approved: 4-0
23. Request by Councilmember Jensen and Councilmember Rodriguez to direct staff to explore the feasibility of establishing a pilot dog beach program at the northernmost stretch of Harbor Beach, including potential options for limiting the days and hours of usage Item was pulled from the agenda and will be continued to the November 2, 2022 City Council meeting
GENERAL COUNCILMEMBER COMMENTS
Comments Made
Action Minutes of Council, HDB, CDC & OPFA 7 10/19/2022
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 m ay 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.
24. City Council: Adoption of an ordinance amending various sections of Chapter 2 Article IV of the Oceanside City Code establishing minimum qualifications for candidates for City Treasurer (Introduced October 5, 2022, 4-1 (Sanchez – no))
Motion: Weiss
Second: Keim
Approved: 3-1 (Sanchez – No)
Ordinance No. 22-OR0719-1
25. City Council: Adoption of an ordinance amending Article 30, Section 3007 of the Zoning Ordinance (ZA21-00001) to establish new home occupation permit regulations (Introduced October 5, 2022, 5-0)
Motion: Weiss
Second: Keim
Approved: 4-0
Ordinance No. 22-OR0720-1
ADJOURNMENT
Adjourn to a Mayor/Council Workshop at 2:00 p.m. on October 26, 2022, to discuss the Beachfront Feasibility Study Phase II.
Adjourned at 9:27 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside