Action Minutes of Council, HDB, CDC & OPFA 1 11/16/2022
MEETING AGENDA
November 16, 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 11/16/2022 3:30 P.M. – ROLL CALL – Councilmember Weiss was absent
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 not discussed in closed session
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
Item was discussed in closed session
2. Hoover v. City of Oceanside
Workers Compensation No.: ADJ13612354; Claim No. 20-150926 Item was not discussed in closed session
3. CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: Pier restaurant and kiosk building located at 1 Pier View Way; Negotiating Parties: City of Oceanside and OS Pier, LLC.; Negotiator for the City : Vicki Gutierrez, Real Estate Manager; Under Negotiations:
Price and terms for the lease of real property
Item was discussed in closed session
5:00 P.M. – ROLL CALL – Councilmember Weiss was absent INVOCATION – Father Rey P. Evangelista, St. Mary’s Star of the Sea Church PLEDGE OF ALLEGIANCE – Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of 17th Annual Oside Turkey Trot - Move Your Feet Before You Eat Wherever You Are
Mayor's Business Spotlight - Carly Starr, Executive Director, KOCT Proclamations made and presentations given
Action Minutes of Council, HDB, CDC & OPFA 3 11/16/2022
CLOSED SESSION REPORT
4. Closed Session report by City Attorney
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.
5. 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 5-15: Keim
Second: Rodriguez
Approved: 4-0
6. City Council/Harbor/CDC/OPFA: Acceptance of City Clerk’s Action Minutes of the Small Craft Harbor District Board of Directors, Community Development C ommission, City Council, and Oceanside Public Financing Authority of the October 26, 2022 Workshop and the November 2, 2022 Regular Meeting
Approved: 4-0
7. City Council: Approval of a purchase order in a total amount not to exceed $210,554, to purchase a scissor lift from Autolift Services, for Fleet Services, approv al of the purchase as a sole source; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 4-0
8. City Council: Approval of Contract Change Order No. 1 to the Public Works Agreement with Arnaz Engineering Contractors, Inc., for the Butler Street Stormdrain Lining Project in the amount of $36,753, for a total revised contract amount of $233,503; and authorization for the City Engineer to execute the change order
Approved: 4-0
Document No. 22-D0754-1
9. City Council: Approval of Amendment 1 in the amount of $21,716 to the Professional Services Agreement with Powerclean, for a total contract price of $166,093 for additional pressure washing services; and authorization for the Administrative Officer to execute the amendment Approved: 4-0
Document No. 22-D0755-1
10. City Council: Approval of Amendment 2 to the Professional Services Agreement with Hoch Consulting, in the amount of $475,000, for a total contract amount not to exceed $1,160,000 for contract grant support services; and authorization for the City Manager to execute the amendment.
Approved: 4-0
Document No. 22-D0756-1
Action Minutes of Council, HDB, CDC & OPFA 4 11/16/2022
11. City Council: Approval of Amendment 2 to the Renovation and Operating Lease Agreement with Goat Hill Park, LLC to change the rental terms and the capital improvement requirements, and to clarify certain terms and obligations of the Lease; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 4-0
Document No. 22-D0757-1
12. City Council: Acceptance and appropriation of $50,000 in grant funding from the State of California Department of Resources Recycling and Recovery (CalRecycle), for the Household Hazardous Waste Grant Program awarded to the Water Utilities Department and authorization for the City Manager, or designee, to execute all related grant documents; adoption of a resolution authorizing the submittal of applications and appropriation of funds, if awarded, for all CalRecycle Grants for which the City is eligible; and authorization for the City Manager, or designee, to execute all agreements applicable to Ca lRecycle grants and appropriate funds from any grants received, effective for five years from the date of adoption of the resolution Approved: 4-0
Resolution No. 22-R0758-1
13. City Council: Acceptance of $12,200 in grant funds from California State Library, awarded to the City to launch the “Uke Can Do It” program, and appropriat ion of these funds to the Library Department
Approved: 4-0
14. City Council: Adoption of revised City Council Policy 100-39 concerning the Public Use of the Council Chambers on Wednesdays
Approved: 4-0
15. City Council: Approval of the FY 2022-2024 Workplan for the Utilities Commission Approved: 4-0
Document No. 22-D0759-1
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 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.
16. City Council: Introduction of an ordinance to amend Article X of the City of Oceanside Municipal Traffic Code and Chapter 29A Article V of the City of Oceanside City Code; adoption of a resolution updating the regulation and restrictions for harbor parking lots 1-5
A) Report by Ted Schiafone, Harbor Division Manager
B) Discussion
C) Recommendation – introduce ordinance and adopt resolution Motion: Rodriguez
Second: Keim
Approved: 4-0
Action Minutes of Council, HDB, CDC & OPFA 5 11/16/2022 Ordinance Introduced
Resolution No. 22-R0760-1
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.
17. City Council: Introduction of an ordinance amending Article 12 of the Zoning Ordinance (RZA19- 00001) and adoption of a resolution (LCPA19-00001) establishing the amended text of Article 12 as part of the implementing document of the Local Coastal Program to include modifications suggested by the California Coastal Commission . The proposed ordinance is exempt from CEQA review per Article V, Section 15061 (b)(3) and does not include any additional text changes that were not previously reviewed and approved by the City Council 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 Sergio Madera, City Planner E) Recommendation – introduce ordinance
Motion: Keim
Second: Rodriguez
Approved: 4-0
Ordinance Introduced
Resolution No. 22-R0761-1
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.
18. Advance written request to reserve time to speak:
a. Christine Ann Russell – Solutions for residential and environmental personnel safety
19. Communications from the public regarding items not on this agenda – 4 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
GENERAL COUNCILMEMBER COMMENTS
Comments made
Action Minutes of Council, HDB, CDC & OPFA 6 11/16/2022
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, an d 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 Co uncil/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, December 7, 2022.
Adjourned at 6:12 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside