Action Minutes of Council, HDB, CDC & OPFA 1 12/07/2022
C
MEETING AGENDA
December 7, 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 12/07/2022
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:
2 cases
2. Item was discussed in closed session
Letter from Ward Heinrich dated November 16, 2022.
Item was discussed in closed session
Notice of Intention to Commence an Action from Preserve Calavera dated November 18, 2022.
Item was discussed in closed session
5:00 P.M. ROLL CALL – All Present
INVOCATION – Pastor George Bailey, Shiloh Church Oceanside PLEDGE OF ALLEGIANCE – Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
CLOSED SESSION REPORT
3. Closed Session report by City Attorney
Action Minutes of Council, HDB, CDC & OPFA 3 12/07/2022
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 ordinances shall be introduced after a reading only of the title(s)
Motion to Approve Consent Calendar Items 4-11, 13-20, 22- 24: 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 November 16, 2022 Regular Meeting Approved: 5-0
6. City Council: Approval of a change order, in the amount of $48,556, to an existing purchase order with Flo-Systems Inc. for replacement of two wash water pumps; approval of the procurement as a sole source; and authoriz ation for the Financial Services Director, or designee, to execute the change order
Approved: 5-0
7. HDB: App roval of Amendment 1 to Property Use Agreement with WASH Multifamily Laundry Systems, LLC, extending the term for five years, for the exclusive right to use four common area laundry rooms within the Harbor , to maintain existing laundry equipment consisting of washers and dryers on Harbor owned property, to provide the pay per load usage of the washers and dryers to Harbor residents; and authorization for the Administrative Officer to execute the agreement Approved: 5-0
Document No. 22-D0781-2
8. City Council: Approval of Amendment 1 to the Professional Services Agreement with Sillman Wright Architects in the amount of $365,906 for a total contract amount of $610,676 to provide continuing design services and construction administration services for the San Luis Rey Maintenance Building Project; appropriation of funds in the amount of $250,000 from the Sewer Fixed Asset Replacement Fund, Unrestricted Fund Balance; and authoriz ation for the City Manager to execute the Amendment
Approved: 5-0
Document No. 22-D0782-1
9. City Council: Approval of Amendment 1 to the Public Works Agreement with Singh Group Inc., in the amount of $243,302, for a new agreement total not -to-exceed $466,278 for additional encampment-related trash removal services; appropriat ion of funds from the General F und unassigned fund balance; and authorization for the City Manager to execute the amendment Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 4 12/07/2022
Document No. 22-D0783-1
10. City Council: Approval of Amendment 3 to the Professional Services Agreement with Active Network at zero cost to the City for implementation of the Payment Manager 2.0 Hybrid customer user interface
Approved: 5-0
Document No. 22-D0784-1
11. City Council: Approval of Amendment 4 to the Percentage Lease Agreement with OS Pier, LLC, and provide a rental credit, in an amount not to exceed $125,000, to OS Pier, LLC, in exchange for the installation of various Pier utility infrastructure improvements on behalf of the City, which are critical to the Pier and the leased premises located at 1 Pier View Way at the end of the Oceanside Municipal Pier; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 22-D0785-1
12. City Council: Approval of a Professional Services Agreement with NBS Government Finance Group dba NBS, in the amount of $166,745, to conduct a comprehensive evaluation and financial audit of the City’s eleven Landscape Maintenance Districts, and to provide Levy Tax Roll Submittal services for the 2023 -24 fiscal year; and authoriz ation for the City Manager to execute the agreement upon receipt of all supporting documents
Item pulled for discussion by member of the public
Item removed for future Council meeting
13. City Council: Approval of a Professional Services Agreement beginning January 1, 2023 through December 31, 2025, including two (2) calendar year renewal options, with Citadel EHS in an initial amount not to exceed $120,000 for Safety and Loss Control Consul tation and Training Services; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 22-D0786-1
14. City Council: Approval of the continuation of the Motel Voucher Program (the “Program”) through March 31, 2023, or until such time that the Navigation Center is fully operational at a total cost not to exceed $452,426; and approval of Amendment 1 to the Professional Services Agreement with San Diego Rescue Mission in the amount of $123,196 and Amendment 4 to the P ublic Service Agreement with Vista Group Inc, in the amount of $196,000;and authorization for the City Manager or designee to execute all agreements and documents for the continuation of the Program Approved: 5-0
Document No. 22-D0787-1
Document No. 22-D0788-1
Action Minutes of Council, HDB, CDC & OPFA 5 12/07/2022
15. City Council: Adoption of a resolution declaring a temporary emergency shelter crisis in the City of Oceanside from November 1, 2022, through April 15, 2023, and suspension of the zoning ordinance requirement to allow churches to shelter up to 50 homeless persons without obtaining a conditional use permit; approval of a Professional Services Agreement in the amount of $70,000 with Interfaith Community Services, Inc. for service as fiscal agent for the operation of the Alliance for Regional Solutions’ 2022-23 Bridge to Housing Shelter Network, and authorize the City Manager or designee to execute and implement the agreement
Approved: 5-0
Resolution No. 22-R0789-1
Document No. 22-D0790-1
16. City Council: Acceptance of up to $267,270 in grant funds from the State of California Enhancing Law Enforcement Activities Subaccount awarded to the City for the Citizen’s Option for Public Safety 2022 Grant Program; appropriation of these funds to the Police Department; and authorization for the City Manager, or designee, to execute all grant documents Approved: 5-0
17. City Council: Acceptance of an additional $176,742 in grant funds from the State of California Law Enforcement Activities Subaccount awarded to the City for the Citizen’s Option for Public Safety 2021 Grant Program; appropriation of these funds to the Police Department; approval of a purchase order in the amount not to exceed $71, 693 to AArdvark for the purchase of Plate Carriers for the Police Department; authori zation for the City Manager, or designee, to execute all grant documents; and authorization for the Financial Services Director to execute the purchase order Approved: 5-0
18. City Council: Adoption of a resolution to accept $587,000 in grant funds from the U.S. Department of Justice COPS FY 2022 Technology and Equipment Invitational Solicitation Grant awarded to the City for the acquisition of an In -Car Camera System for patrol vehicles equipped with a prisoner compartment; appropriation of the funds to the Police Department; approval of the grant budget; and authorization for the City Manager, or designee, to execute the grant documents Approved: 5-0
Resolution No. 22-R0791-1
19. City Council: Adoption of a resolution to accept $53,627 in grant funds from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant FY 2022 awarded to the City for crime suppression and enforcement details; appropriation of the funds to the Police Department; approval of the grant budget; and authoriz ation for the City Manager, or designee, to execute the grant documents
Approved: 5-0
Resolution No. 22-R0792-1
20. City Council: Adoption of a resolution approving an agreement with the County of San Diego in the amount of $220,000 for the Operation Stonegarden FY 2021 Grant; appropriat ion of these funds to the Police Department; and authorization for the City Manager, or designee, to execute the grant agreement and all related grant documents
Approved: 5-0
Resolution No. 22-R0793-1
Action Minutes of Council, HDB, CDC & OPFA 6 12/07/2022
21. City Council: A doption of the Resolution of Intention declaring its intention to establish City of Oceanside Community Facilities District No. 2023 -1 (Nort h River Farms Public Facilities) (the “Facilities CFD”); adoption of the Resolution of Intention to Incur Bonded Indebtedness within the Facilities CFD; and adoption of the Resolution of Intention declaring its intention to establish City of Oceanside Comm unity Facilities District No. 2023 -1 (North River Farms Fire Services) (the “Services CFD”)
Item removed from agenda by staff
22. City Council: Approval to modify an existing authorized full -time benefited Management Analyst position to a full -time benefited Sr. Management Analyst position in the City Manager’s Office, effective December 11, 2022
Approved: 5-0
23. City Council: Adoption of a resolution approving and implementing the Memorandum of Understanding between the City of Oceanside and the Oceanside Police Management Association, effective January 1, 2023, through December 31, 2024
Approved: 5-0
Resolution No. 22-R0794-1
24. City Council: Approval and adopt ion of the revised City of Oceanside Salary Schedule effective December 11, 2022
Approved: 5-0
25. City Council: Acceptance of the City Treasurer’s Report for the quarter ended September 30, 2022 and adoption of a resolution approving the City of Oceanside Investment Policy Item pulled for discussion by member of the public
Motion to accept the report and formally request the City Treasurer to appear in-person at the next quarterly City Treasurer’s Report: Keim
Second: Rodriguez
Approved: 5-0
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.
26. City Council: Adoption of a resolution authorizing participation in the Capital Emergency Housing Solutions Grant Program through the Regional Collaboration Agreement; acceptance of funds from the County of San Diego Health and Human Services Agency in an amount not to exceed $3,258,022 and appropriation of such funds to the Neighborhood Services Department Navigation Center project; approval of Amendment 1 to the Property Use Agreement with the San Diego Rescue Mission revising the project budget; and authorization for the City Manager or designee to execute all agreements and documents necessary for acceptance of the funds and the implementation of the agreement
Action Minutes of Council, HDB, CDC & OPFA 7 12/07/2022
A) Report by Salvador Roman, Management Analyst
B) Discussion
C) Recommendation – adopt resolution and approve amendment Motion: Rodriguez
Second: Weiss
Approved: 5-0
Resolution No. 22-R0795-1
Document No. 22-D0796-1
Document No. 22-D0797-1
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.
27. City Council: Adoption of the Resolution of Formation establishing City of Oceanside Community Facilities District No. 2022-1 (Public Safety Services) (the “CFD”), authorizing the levy of a special tax on property within the CFD to pay the costs of providing public services, and calling an election within the CFD; adopt ion of the Resolution Certifying the El ection Results; introduc tion of an Ordinance authoring the levy of a special tax within the CFD and; adoption of a resolution approving an amendment to Council Policy 300-02
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 Michael Gossman, Assistant City Manager E) Recommendation – adopt resolutions and introduce ordinance Motion to adopt Resolution establishing CFD 2022-1,
authorizing the levy of a special tax, and calling an election:
Keim
Second: Weiss
Approved: 4-1 (Jensen – No)
Motion to adopt Resolution certifying the CFD election
results: Keim
Second: Weiss
Approved: 5-0
Motion to introduce Ordinance authorizing the levy of special tax within the CFD: Keim
Second: Weiss
Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 8 12/07/2022
Motion to adopt Resolution amending City Council Policy 300-02 to identify projects subject to annexation: Rodriguez Second: Keim
Approved: 5-0
Ordinance Introduced
Resolution No. 22-R0798-1
Resolution No. 22-R0799-1
Resolution No. 22-R0800-1
Document No. 22-D0809-1
28. City Council: Approval of the Substantial Amendment to the 2022 -23 Annual Action Plan ; authorization for submission to the U.S. Department of Housing and Urban Development ; and authorization for the City Manager or designee to sign and execute all required forms, documents, and agreements with subrecipients and/or contractors
F) Mayor opens public hearing
G) Mayor requests disclosure of Councilmember and constituent contacts and correspondence H) Clerk presents correspondence and/or petitions
I) Testimony beginning with Cecilia Barandiaran, Management Analyst J) Recommendation – approve amendment
Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 22-D0801-1
29. City Council: Consideration of an addendum to the Breeze Townhome Project Mitigated Negative Declaration; adoption of a resolution granting the appeal of Planning Commission Resolution No. 2022-27; and app roval of Tentative Map (T22 -00001), Development Plan (D22 -00002), Regular Coastal Permit (RC22 -00001), and Density Bonus (DB22 -00002), to allow the construction of a 146-unit apartment building on a 2.67 -acre parcel located at the terminus of Ditmar and Ne vada Streets, south of Oceanside Boulevard
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 Rob Dmohowski, Principal Planner E) Recommendation – consider addendum and adopt resolution Motion: Rodriguez
Second: Jensen
Approved: 3-2 (Sanchez, Keim – No)
Resolution No. 22-R0802-1
Councilmember Jensen left the meeting
Action Minutes of Council, HDB, CDC & OPFA 9 12/07/2022
30. City Council: Introduction of an ordinance to amend Chapter 14C of the Oceanside City Code to establish revised Inclusionary Housing regulations and adopt ion a resolution adopting an update of the inclusionary housing in-lieu fee
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 Leilani Hines, Housing and Neighborhood Services Director E) Recommendation – introduce ordinance and adopt resolution Motion (adding $5 for in lieu fee): Weiss
Second: Keim
Approved: 4-0
Ordinance Introduced
Resolution No. 22-R0803-1
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.
31. Advance written request to reserve time to speak:
a. Carlos Runningwolf
32. Communications from the public regarding items not on this agenda - 8 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
33. Request by Mayor Sanchez for annual review and appointments of Councilmembers to Boards, Commissions and Committees and adoption of resolutions
Request made
Motion to approve the Mayor’s City/Harbor/CDC Advisory
Group appointments only: Weiss
Second: Rodriguez
Approved: 5-0
34. Request by Deputy Mayor Keim and Councilmember Weiss to make appointments to the 2023 Regional Boards and Committees and the adoption of resolutions Request made
Motion to approve appointments with the following changes:
appoint Councilmember-elect Eric Joyce as the alternate to North County Transit District-Board and appoint Mayor
Sanchez as alternate to Washington DC Appropriation Visit – Legislative Delegates: Weiss
Second: Keim
Action Minutes of Council, HDB, CDC & OPFA 10 12/07/2022
Approved: 5-0 (Note: Mayor Sanchez votes No on the
SANDAG Board appointment)
Resolution No. 22-R0806-1
Resolution No. 22-R0807-1
GENERAL COUNCILMEMBER COMMENTS
Comments made
Councilmember Rodriguez left the meeting
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 o rdinances 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.
35. City Council: Adoption 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 (Introduced November 16, 2022, 4-0)
Motion: Weiss
Second: Keim
Approved: 3-0
Ordinance No. 22-OR0804-1
36. City Council: Adoption of an ordinance amending Article 12 of the Zoning Ordinance to include modifications suggested by the California Coastal Commission as part of the implementation plan of the Local Coastal Program. The proposed ordinance does not include any additional text changes that were not previously reviewed and approved by the City Council (Introduced November 16, 2022, 4-0)
Motion: Keim
Second: Weiss
Approved: 3-0
Ordinance No. 22-OR0805-1
ADJOURNMENT
The next scheduled meeting is a special meeting at 2:00 p.m. on Wednesday, December 14, 2022.
Action Minutes of Council, HDB, CDC & OPFA 11 12/07/2022
Adjourned at 9:06 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: 12/21/2022
Zeb Navarro
City Clerk, City of Oceanside