Action Minutes of Council, HDB, CDC & OPFA 1 11/02/2022
MEETING AGENDA
November 2, 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 11/02/2022 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), 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(d))
(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 discussed in closed session
(B) 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
Item was discussed in closed session
5:00 P.M. – ROLL CALL – All present
INVOCATION – Captain Mel Vernon, San Luis Rey Band of Mission Indians PLEDGE OF ALLEGIANCE – Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
National Native American Heritage Month 2022, with Captain Mel Vernon and Carrie Lopez, Senior Advisor to Tribal Council, of the San Luis Rey Band of Mission Indians
November Pet of the Month with San Diego Humane Society & SPCA Proclamations given
CLOSED SESSION REPORT
3. Closed Session report by City Attorney
Report given
Action Minutes of Council, HDB, CDC & OPFA 3 11/02/2022
CONSENT CALENDAR ITEMS
All items listed on the Consent Calendar are considered to be routine matters or formal documents covering previous City Cou ncil/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 ordinances shall be introduced after a reading only of the title(s)
Motion to Approve Consent Calendar Items 4-13: Keim
Second: Rodriguez
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 October 19, 2022 Regular Meeting Approved: 5-0
6. City Council: Approval of a purchase order in the amount of $60,262 to CS-Amsco for the purchase of nine motorized valve actuators to replace nine manual valve actuators, and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
7. City Council: Approval of a purchase order in the amount of $54,122 with Lone Star Blower, for the purchase of one air blower unit to replace a currently inoperable blower; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
8. City Council: Approval of Contract Change Order No. 1 to the Public Works Agreement with Tri - Group Construction and Development Inc., of San Diego for the Community Development Block Grant – Brooks Street Americans with Disabilities Act Improvements Project in the amount of $49,706, for a total revised contract amount of $319,116; and authorization for the City Engineer to execute the Contract Change Order
Approved: 5-0
Document No. 22-D0734-1
9. City Council: Approval of Amendment 1 to the Professional Services Agreement with MKN CMP LLC, in the amount of $28,920, for a total contract amount of $347,220 to provide continuing construction management and inspection services for the Jones Road Tenant Improvements Project; and authorization for the City Manager to execute the Amendment Approved: 5-0
Document No. 22-D0735-1
10. City Council: Approval of Amendment 1 to the Professional Services Agreement with Ardurra, in the amount of $954,720, for a total contract amount of $1,828,320 to continue providing project management services for various Capital Improvement Projects; and authoriz ation for the City Manager to execute the amendment
Action Minutes of Council, HDB, CDC & OPFA 4 11/02/2022 Approved: 5-0
Document No. 22-D0736-1
11. City Council: Approval of two Amendments to Professional Services Agreements with Hoch Consulting of Oceanside, Amendment 3 for Project Management Services (Contract 1) to add funding in the amount of $603,200, for a total contract amount not to exceed $3,903,200, and Amendment 1 for Project Management services (Contract 2) in the amount of $452,400, for a contract amount not-to-exceed $1,357,200; and authorization for the City Manager to execute the amendments
Approved: 5-0
Document No. 22-D0737-1
Document No. 22-D0738-1
12. City Council: Approval of a Professional Services Agreement with Clinical Laboratory of San Bernardino, Inc., in the amount not to exceed $5 85,000, for a three -year period for Pure Water and Title 22 regulatory analyses; and authorization for the City Manager to approve the agreement upon receipt of all documents
Approved: 5-0
Document No. 22-D0739-1
13. City Council: Acceptance and appropriation of additional grant funds in the amount of $85,000 from the Department of Water Resources for the Buena Vista Creek Restoration and Disadvantaged Community Stewardship Project; approval of Amendment 1 to the Professional Services Agreement with Dudek for additional design services for the project, in the amount of $85,000 for a revised contract amount of $343,551; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 22-D0740-1
14. City Council: Adoption of the Resolution of Intention declaring its intent to establish City of Oceanside Community Facilities District No. 2022 -1 (Public Safety Services) (the “CFD”), to authorize the levy of a special tax on property within the CFD to pay the costs of providing public safety services
Item pulled for discussion by Councilmember Jensen
Motion: Sanchez
Second: Keim
Approved: 4-1 (Jensen – No)
Resolution No. 22-R0741-1
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 ti tle 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.
Action Minutes of Council, HDB, CDC & OPFA 5 11/02/2022
15. City Council: Approval of a Purchase and Sale Agreement with El Corazon IDRT, LLC for disposition of 51.1 acres of Oceanside Boulevard Commercial land at El Corazon for the development of a Mixed-Use R&D/Industrial and Retail development consisting of approximately 533,700 building square feet at a purchase price prescribed by the Commercial DDA; authorization for an expense in an amount not to exceed $15,000 for closing costs applicable to the sale of the real property; authorization for the City Manager to execute the Purchase and Sale Agreement for the property, along with any respective documents requiring the City Manager’s signature that may be necessary to close escrow for the sale of the real property, upon receipt of the supporting documents; and authorization for the City Manager, or his designee(s), to carry out the terms of the Purchase and Sale Agreement, and close the escrow for the disposition of the real property
A) Report by Vicki Gutierrez, Real Estate Manager
B) Discussion
C) Recommendation – approve agreement
Motion to approve agreement and direction to staff to take steps towards getting a park completed at El Corazon and present back to council with a financing plan within 90 days.
Motion: Weiss
Second: Rodriguez
Approved: 4-1 (Sanchez – No)
Document No. 22-D0742-1
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.
None
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.
16. Advance written request to reserve time to speak:
a. Shannon Coe – Parking at Ventana El Corazon
b. Susanna Medina – Request for Assistance
c. Kathy Kinane – O’side Turkey Trot – Move Your Feet Before You Eat Foundation
17. Communications from the public regarding items not on this agenda – 6 Speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
18. Request by Councilmember Jensen and Counci lmember 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 Action Minutes of Council, HDB, CDC & OPFA 6 11/02/2022 Motion: Jensen
Motion died for lack of a second
GENERAL COUNCILMEMBER COMMENTS
Comments made
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 unles s 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.
None
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, November 16, 2022.
Adjourned at 7:34 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside