Action Minutes of Council, HDB, CDC & OPFA 1 1/25/2023
MEETING AGENDA
January 25, 2023
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
Eric Joyce Zeb Navarro
Rick Robinson
Peter Weiss City Treasurer
HDB/CDC/OPFA Treasurer
Victor Roy
Action Minutes of Council, HDB, CDC & OPFA 2 1/25/2023
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 – EXISTING LITIGATION (SECTION 54956.9(d)(1))
1. Marc Kalb v. City of Oceanside;
Workers Compensation Case Number.: ADJ14792704
Item was discussed in closed session
3. CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: City-owned land located at 1900 Harbor Drive North (APN 143-120-10); Negotiating Parties: City of Oceanside and Aloha Partners, L.P.; 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 – All present
INVOCATION – Father Peter Kirwin, Mission San Luis Rey
PLEDGE OF ALLEGIANCE – Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Presentation on the 225th Anniversary of the Historic Mission San Luis Rey Presentation given
CLOSED SESSION REPORT
4. Closed Session report by City Attorney
Report given
Action Minutes of Council, HDB, CDC & OPFA 3 1/25/2023
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 C onsent 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 5-16, 18-22:
Weiss
Second: Keim
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 January 11, 2023 Regular Meeting Approved: 5-0
7. City Council: Approval of a purchase order in the amo unt of $146,455 to Cross Communications for the purchase of Very High Frequency mobile radios for the Fire Depar tment; appropriation of funds in the amount of $194,405 from the General Fund Assigned Mutual Aid Fund Balance to pay for the radios and installation; 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 an amount not to exceed $5 64,652, to Axon Enterprise Inc. for the purchase of an in -car mobile audio/video recording system, installation of system, and supporting software; 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 $108,804, to OnPoint Innovative Learning Environments, for the purchase and installation of furniture and fi xtures for the John Landes Community Center and acceptance of the donation of up to $75,000 in additional furniture and fixtures by the Oceanside Public Library Foundation; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
Document No. 23-D0033-1
10. City Council: Approval of Change Order 3 from GDM, Inc. for $47,378, for a total contract amount of $1,007,500 for the San Luis Rey Water Reclamation Facility Aeration Effluent Piping Replacement Project; and authorization for the City Engineer to execute the change order Approved: 5-0
Document No. 23-D0034-1
Action Minutes of Council, HDB, CDC & OPFA 4 1/25/2023
11. City Council: Approval of a change order in the amount of $49,836 to an existing purchase order with Rockwell Solutions Inc. for the purchase of two spare sludge pumps; and authorization for the Financial Services Director, or designee, to execute the change order Approved: 5-0
Document No. 23-D0035-1
12. City Council: Approval of Amendment 1 to the Professional Services Agreement with Schmidt Design Group, in the amount of $25,750, for a revised contract amount of $502,110 for additional public outreach services for the design of El Corazon Park Site 1; and authorization for the City Manager to execute the amendment
Approved: 5-0
Document No. 23-D0036-1
13. City Council: Approval of Amendment 2 to the Professional Services Agreement with Wallace and Associates for an increase in the amount of $30,000, from $687,310 to a not-to-exceed amount of $717,310 for as-needed inspection services; approval of a budget appropriation in the amount of $30,000; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 23-D0037-1
14. City Council: Approval of Amendment 3 to the Property Use Agreement with Tower Optical Company, Inc., for the operation of six coin -operated binocular machines on the Oceanside Municipal Pier effective February 1, 2023, to January 31, 2026, for a minimum total revenue of $9,000 over the three-year term; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 23-D0038-1
15. HDB: Approval of Amendment 1 to the Professional Services Agreement, in the amount of $50,000, for a revised contract price of $449,555, with Richard Brady and Associates to provide updates to the Oceanside Harbor Facility Condition Assessment, Long Term Maintenance Action Plan, and the Financial Needs Assessment; appropriation of $50,000 from Harbor Unrestricted Fund Balance; and authorization for the Administrative Officer to execute the amendment Approved: 5-0
Document No. 23-D0039-2
16. City Council: Approval of Amendment 5 to the Property Lease Agreement with Hobie Cat Company II, LLC, for a portion of the property located at 4925 Oceanside Boulevard, also known as the City’s Operation Center, temporarily reducing the rent by twenty percent for a period not to exceed six months, formally documenting an increase in the square footage of the premises by 105 square feet; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 23-D0040-1
Action Minutes of Council, HDB, CDC & OPFA 5 1/25/2023
17. City Council: Approval of a Professional Services Agreement with NBS Government Finance Group dba NBS, in the amount of $155,745, to conduct a comprehensive evaluation and financial audit of the City’s eleven Landscape Maintenance Districts; appropriation of funds from each district fund and general fund unassigned fund balance; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Item pulled for discussion by members of the public
Motion: Sanchez
Second: Weiss
Approved: 5-0
Document No. 23-D0041-1
18. City Council: Approval of a two-year Professional Services Agreement with Force 77 Engineering, in an amount not exceed $624,000, for as -needed project management s ervices for Capital Improvement Projects; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 23-D0042-1
19. City Council: Approval of a Memorandum of Understanding between the City of Oceanside and the San Diego Association of Governments and committing fair share funding in an amount not to exceed $35,821 for initial studies, establishing the shared program responsibilities with respect to mandatory participation and contribution to preliminary planning activitie s for a regional beach sand project; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 23-D0043-1
20. City Council: Adoption of a resolution approving Final Map No. T15 -0003 for the Loma Alta 10 project and authorization for the City Clerk to record the Final Map with the San Diego County Recorder
Approved: 5-0
Resolution No. 23-R0044-1
21. City Council: Approval of the conversion of 12 existing part -time EMT positions to three (3) full - time positions within the Fire Department and amend the FY 2022-23 Measure X Spending Plan to cover the increased costs
Approved: 5-0
22. City Council: Approval of the addition of a Provisional Management Analyst position for oversight of youth programs and services
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.
Action Minutes of Council, HDB, CDC & OPFA 6 1/25/2023
23. City Council: Approval of a Professional Services Agreement with GHD Inc., in the amount of $2,591,681, for consultant services in support of Phase 2 of the Sand Nourishment and Retention Pilot Project; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
A) Report by Jayme Timberlake, Coastal Zone Administrator B) Discussion
C) Recommendation – approve agreement
Motion: Robinson
Second: Keim
Approved: 4-1 (Sanchez – No on hard structures and groins but yes on the balance)
Document No. 23-D0045-1
24. City Council: Approval of a Professional Services Agreement with Kimley Horn and Associates, in an amount not to exceed $2,065,200, for the design of the initial phase of the Coast Highway Corridor Project; appropriation of $1,800,000 from the Thoroughfare and Signal Program Assigned 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: Weiss
Second: Keim
Approved: 5-0
Document No. 23-D0046-1
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.
25. CDC: Adoption of a resolution approving a Development Plan (RD22-00001) and request for Density Bonus (DB22-00001) to allow the construction of a four-story apartment complex consisting of 22 market-rate units and two (2) low-income affordable units at 701-713 N. Freeman 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: Joyce
Second: Weiss
Approved: 5-0
Resolution No. 23-R0047-3
Action Minutes of Council, HDB, CDC & OPFA 7 1/25/2023
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.
26. Advance written request to reserve time to speak: None
27. Communications from the public regarding items not on this agenda – 5 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
28. Request by Mayor Sanchez to make appointments to or motions for removal from some or all of the City’s advisory groups
Motion: Sanchez
Second: Robinson
Approved: 4-1 (Weiss – No)
29. Request by Mayor Sanchez and Councilmember Joyce for direction to staff: to amend city ordinance to allow testimony at city boards, commissions, and committees virtually Motion to direct staff to allow for virtual testimony at any Manufactured Home Fair Practices Commission public
hearing regarding Laguna Vista’s NOI at the and direction to staff to bring back an assessment and recommendations to allow virtual testimony at city boards, commissions, and committees: Sanchez
Second: Weiss
Approved: 5-0
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 a t 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 agenda item.
Action Minutes of Council, HDB, CDC & OPFA 8 1/25/2023
30. City Council/CDC: Adoption of an ordinance amending Articles 10, 10C and 31 of the Zoning Ordinance (ZA22-00004) to remove text related to projects exceeding base density from certain sections of the City’s Zoning Ordinance
(Introduced January 11, 2023, 4-1 (Sanchez – no))
Motion: Weiss
Second: Robinson
Approved: 4-1 (Sanchez – No)
Ordinance No. 22-OR048-1
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, February 1, 2023.
Adjourned at 9:08 p.m. in memory of Tiaina Seau Sr.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside