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CITY OF OCEANSIDE
AGENDA
Joint Meetings of the Oceanside City Council,
Oceanside Small Craft Harbor District Board of Directors, Oceanside Community Development Commission, and
Oceanside Public Financing Authority
Information for the March 22, 2023 City Council Meeting Members of the public have the option to watch the meeting on KOCT Cox Channel 19 (live streaming service available at www.koct.org/channel-19) or watch via Zoom or attend in person.
Zoom Information:
To watch the meeting via Zoom please use the URL below. Please note that this is for viewing only; if you wish to make comments on any of the items in the agenda you must attend in person.
https://us02web.zoom.us/j/89601148809?pwd=S1I3MytlaTQ5VDRReUx4bEh5UTY4QT0 9 Zoom Meeting ID: 896 0114 8809
Passcode: 249647
Phone Information:
To join the meeting by phone, dial 669-900-9128.
Zoom Meeting ID: 896 0114 8809
Passcode: 249647
If you wish to provide a comment to the City Council, but are not interested in speaking during the meeting, you may email your comments to the City Clerk ([email protected]). All comments must be sent via email by 4 PM on the day of the meeting. All timely received comments will be provided to the City Council prior to the meeting and made a part of the record of the meeting. Please note that these comments will not be read aloud during the meeting.
F
CITY OF OCEANSIDE
AGENDA
Joint Meetings of the Oceanside City Council,
Oceanside Small Craft Harbor District Board of Directors, Oceanside Community Development Commission, and
Oceanside Public Financing Authority
Wednesday, March 22, 2023
City Council Chambers
300 North Coast Highway, Oceanside, California 92054
3:30 p.m. Call to order and commence Closed Session
5:00 p.m. City Council/Harbor District Board of Directors (HDB)/ Community Development Commission (CDC)/Oceanside
Public Financing Authority (OPFA) Regular Business
6:00 p.m. Commence Public Hearings, if applicable
Mayor City Clerk
HDB President HDB Secretary
CDC Chair CDC Secretary
OPFA Chair
Esther Sanchez
OPFA Secretary
Zeb Navarro
Deputy Mayor City Treasurer/HDB/CDC/OPFA Treasurer
HDB Vice President Victor Roy
CDC Vice Chair
OPFA Vice Chair
Ryan Keim
City Manager
HDB Administrative Officer
CDC Executive Director
Councilmembers
HDB Directors
CDC Commissioners
OPFA Directors
OPFA Executive Director
Jonathan Borrego
City Attorney
Eric Joyce HDB Attorney
Rick Robinson CDC General Counsel
Peter Weiss OPFA General Counsel
John P. Mullen
The Mayor and City Council also serve as the Small Craft Harbor District Board of Directors, the Community Development Commission, and the Oceanside Public Financing Authority
MEETING AGENDA
March 22, 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
3:30 P.M. – ROLL CALL
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 A ssociation (OFMA), Oceanside Marine Safety Employees’ Association (OMSEA), Western Council of Engineers (WCE), and Unrepresented
2 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. Thornton v. City of Oceanside, et al.
Superior Court Case No.:37-2022-00001303-CU-PO-NC
5:00 P.M. – ROLL CALL
INVOCATION – Fr. Charles Wright, O.S.B., Prince of Peace Abbey
PLEDGE OF ALLEGIANCE
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of 50th Anniversary of Anita's Mexican Restaurant & Cantina, Alvarez Family Owned and Operated
Joe & Mary Mottino Family YMCA for Mayor’s Business Spotlight Presentation
CLOSED SESSION REPORT
3. 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.
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)
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 March 8, 2023 Regular Meeting
6. City Council: Approval of a purchase order, in an amount not to exceed $235,710, to Elistair, Inc. for the purchase of a Tethered Unmanned Aircraft System; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order
7. City Council: Approval of a purchase order to Ken Grody Ford Fleet Sales, in an amount not to exceed $67,550, for one E350 vehicle for the Police Department Field Evidence Technician Division; and authorization for the Financial Services Director, or designee, to execute the purchase order
8. City Council: Approval of a purchase order in the amount of $148,640 to California Electric Supply for traffic poles for the Three Traffic Signal Project; authorization for the procurement as sole - source; and authorization for the Financial Services Director, or designee, to execute the purchase order
3 9. City Council: Approval of a purchase order, in an amount not to exceed $200,000, to Dave Bang Associates, Inc. for turn -key services for playground replacement at Cesar Chavez Park; authorization for the Financial Services Director, or designee, to execute the purchase order and authorization for the Neighborhood Services Director to execute the participating addendum
10. City Council: Approval of a Participating Addendum to the purchase order with American Ramp Company for the design, manufacturing, and installation of additional skate elements at John Landes Park, in the amount of $115,000, for a revised total of $390,000; and authorization for the Financial Services Director, or designee, to execute the Purchase Order
11. City Council: Approval of Amendment 5 to the Percentage Property Lease Agreement with Charles Anderson and Jennifer Moyer, dba Buccaneer Beach Club, for the premises located at 1508 South Pacific Street, extending the agreement from April 1, 2023 to March 31, 2025, for a two -year minimum total revenue of $24,275; and authoriz ation for the City Manager to execute the amendment upon receipt of all supporting documents
12. City Council: Approval of a two-year Professional Services Agreement with Pierside In vestigations to provide background investigations, reports and polygraph services, through June of 2025, in the amount not to exceed $125,000 annually; and authoriz ation for the City Manager, or designee, to execute the agreement
13. City Council: Approval of a Professional Services Agreement with ALTA Planning + Design, Inc., in the amount of $273,038, for engineering consulting services for the Laurel Elementary Safe Routes to School Infrastructure Improvements Project; approval of the procurement as a sole-source; and authorization for the City Manager to execute the agreement
14. City Council : Approval of a 26 -month Landscape Maintenance Agreement with Mariposa Landscapes, Inc., including three optional one-year extensions, in an annual amount not to exceed $776,988, for the landscape maintenance services of the City’s medians, streetscapes and fire stations plus $30,000 for contingency; and authoriz ation for the City Manager to ex ecute the agreement upon receipt of all supporting documents
15. City Council: Approval of 13 Professional Services Agreements with consulting firms , to expire in June 2026, each in the amount not-to-exceed $150,000 per fiscal year, for a total of $600,000 over four fiscal years, for as -needed engineering and construction support services for the Capital Improvement Program; and authoriz ation for the City Manager to execute the agreements upon receipt of all necessary documents
16. City Council: Approval of an appropriation of funds to FY 2022-23 and FY 2023-24 in the amount of $107,200 applicable to the Rancho Santa Fe Security Services Agreement, for additional security services at the Civic Center and Mission Branch Library locations for a period of eight months from approximately May 1, 2023 through December 31, 2023
17. City Council: Appropriation of $77,501 from the Evidence Trust Fund to the Police Department’s budget for FY 2022 -23 for the purchase of a Field Evidence Technician van, security cameras, inverter generators and hardware/software for an event data recorder
18. City Council: Acceptance of the second quarter Financial Status Report and approval of the budget adjustments
19. City Council: Acceptance of the City Treasurer’s Report for the quarter ended December 31, 2022 and adoption of a resolution approving the City of Oceanside Investment Policy 4 20. City Council : Adoption of a resolution approving and implementing the Memorandum of Understanding between th e City of Oceanside and the Oceanside Fire Management Association effective April 1, 2023, through March 31, 2025
21. City Council: Approval and adoption of the revised City of Oceanside Salary Schedule effective April 2, 2023
GENERAL ITEMS
General Items are n ormally 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.
22. City Council: Presentation of findings from Citygate’s Independent Operational and Organizational Assessment of the Police Department. This matter is being presented as information only and no action is need on the part of the City Council.
A) Report by Fred Armijo, Police Chief
B) Discussion
C) Recommendation – receive presentation (no vote necessary)
23. City Council: Approval of a Professional Services Agreement with KTU&A, in the amount not to exceed $465,584, for the design of an off -leash dog facility at Ron Ortega Park, appropriat ion of funds in the amount of $476,628 from the Parks Fees Fund; and authorization for the City Manager to execute the agreement
A) Report by Kymberly Corbin, Associate Engineer
B) Discussion
C) Recommendation – approve agreement
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.
24. City Council: Adoption of a resolution approving a Conditional Use Permit (CUP22 -00010) and a Waiver of Locational Requirements to allow a liquor store within an existing building located at 4161 Oceanside Boulevard, Suite 100
A) Mayor opens public hearing
B) Mayor requests disclosure of Councilmembers and constituent contacts and correspondence C) Clerk presents correspondence and/or petitions
D) Testimony beginning with Dane Thompson, Planner I
E) Recommendation – adopt resolution
5 25. City Council: Receipt of a report on the anticipated Fiscal Y ear (FY) 2023 -34 Housing & Urban Development program budget for the Community Development Block Grant and HOME Investment Partnership programs, allocating funding for various housing and community development activities, planning, and program administratio n to be included in the FY 2023 -24 Annual Action Plan; conduction of a public hearing on the prioritization of the grant funds and development of the 2023-24 Annual Action Plan; and, closure of the Public Hearing and initiation of the 30 -day comment period
A) Mayor opens public hearing
B) Mayor requests disclosure of Councilmembers and constituent contacts and correspondence C) Clerk presents correspondence and/or petitions
D) Testimony beginning with Cecilia Barandiaran, Management Analyst E) Recommendation – receive report, conduct public hearing, close public hearing, and initiate comment period
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:
a. Karen Tomlinson – Medleaf
b. Sean Maddocks – Medleaf
27. Communications from the public regarding items not on this agenda
MAYOR AND/OR COUNCILMEMBER ITEMS
GENERAL COUNCILMEMBER COMMENTS
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 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.
28. City Council: Adoption of an ordinance amending Article 30, Section 3042 of the Zoning Ordinance (ZA22-00005), exclusive of the Coastal Zone and Downtown, to implement Housing Program 7 (Adequate Residential Sites to Accommodate Regional Housing Needs Allocation and No Net Loss) of the 2021-2029 Housing Element
(Introduced March 8, 2023, 5-0)
6 ADJOURNMENT
Adjourn to a Mayor/Council Workshop at 2:00 p.m. on March 29, 2023 to make Planning Commission appointments.
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INFORMATION TO THE PUBLIC CONCERNING THE CITY COUNCIL/
HARBOR DISTRICT BOARD OF DIRECTORS (HDB)/
COMMUNITY DEVELOPMENT COMMISSION (CDC)/
OCEANSIDE PUBLIC FINANCING AUTHORITY (OPFA) MEETING
1. GENERAL INSTRUCTIONS TO PERSONS WISHING TO ADDRESS THE CITY
COUNCIL/HDB/CDC/OPFA
A. Request to Speak Submittals – Individuals wishing to address the City Council/HDB/CDC/OPFA on matters on the agenda other than Public Hearing items must sign up to speak at the Speaker Kiosk (iPad) or submit a “Request to Speak ” form in person to the City Clerk.
You may request to speak at any time following the start of the meeting, but the request must be submitted prior to the initiation of the portion of the agenda containing the item you wish to address (e.g., Consent Calendar, Public Communications, General Items).
When the presiding officer invites public input , the City Clerk will call the names of those who submitted requests to speak which will also appear on t he screen. As your name is called and appears on the screen, please approach either of the public podiums.
B. Addressing the City Council/HDB/CDC /OPFA – The presiding officer may request that e ach person addressing the City Council/HDB/CDC /OPFA state their name for the record and state if they represent an organization or other persons. All remarks shall be addressed to the governing body as a whole. Questions shall not be asked of the governing body or staff without obtaining permission from the presiding officer. Visual aids (slides and photographs, etc.) may be used as part of your presentation but must be confined within the time allowed per speaker. Hard copies of the presentation materials may be provided to the City Clerk for distribution to the Council at the meeting.
No flash drives may be utilized on City-owned devices. PowerPoint presentations and other materials to be presented electronically must be emailed to the City by 10:00 a.m. the Wednesday one week prior to the Council meeting. The file size may not exceed 5mb and should be emailed to: [email protected]
C. Time Limits for Speakers – There is a 3 -minute limit for all persons addressing the City Council/HDB/CDC/OPFA, except as noted below. Speakers may not cede their time to another speaker. There is a series of three lights at each speaker’s podium. When the speaker begins, the green light is lit. When only one minute remains for speaking, the yellow light appears. This in dicates that it is time for the speaker to conclude his or her comments. When the speaker time has expired, a red flashing light will appear.
D. Written Communications Concerning Matters on the Agenda – Written comments or correspondence on agenda items r eceived at least 4 hours prior to the beginning of the meeting will be distributed to the City Council/HDB/CDC /OPFA and made part of the record. It is their policy, however, that such correspondence shall not be read aloud at the meeting. Any corresponde nce should be mailed or delivered to the City Clerk, as well as the Mayor and City Council, City of Oceanside, 300 N. Coast Highway, Oceanside, CA 92054, or emailed to [email protected]
E. Lobbyist Registration – If you are speaking before Council to try to influence a municipal decision and you are being paid to represent a client in the matter, you may need to register as a lobbyist and identify yourself as such before the City Council. See the Ci ty Clerk’s information about lobbying or review Chapter 16C of the City Code. Both can be found on the City’s Web site at www.ci.oceanside.ca.us.
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2. PUBLIC HEARING ITEMS
Certain actions of the City Council/HDB/CDC/OPFA require public hearings. These can include land use and zoning matters, nuisance abatements , and items concerning bond financing . Public hearings typically involve a staff presentation, followed by testimony by the appellant(s) and applicant(s), where applicable. Following that, public testimony is invited.
Persons who wish to testify on a public hearing item do NOT need to fill out a “Request to Speak” form. After the hearing is opened for public testimony, the presiding officer will invi te speakers to the podium. Each individual is limited to speak for no more than three minutes. If multiple speakers are present, however, the time allotted per speaker may be less than three minutes in order to accommodate everyone wishing to speak.
Where applicable, public hearing applicants and appellants will each be given 20 minutes total time to speak, including rebuttal. In cases where there are multiple applicants and/or appellants, a total of 30 minutes for all appellants and 30 minutes time for all applicants will be allowed. In such cases, the time will be divided equally, unless otherwise divided by mutual consent of the applicants or appellants.
Public Hearing items are “time -certain” and are heard beginning at 6:00 p.m., regardless of how fa r the City Council has progressed with its other agenda items.
Due to the time -certain requirement, other items may be taken out of order on the agenda to accommodate the public hearing schedule.
3. PUBLIC COMMUNICATIONS
These are items on each meeting agenda for members of the public to speak regarding matters within the jurisdiction of the City Council/HDB/CDC /OPFA, but not otherwise already on the agenda. Requests to speak may be initiated either in writing in advance to the City Manager’s Office or by submitting a “Request to Speak” slip as specified in Section 1A above. Each speaker will be allowed up to 3 minutes to speak. Priority will be given to speakers in the order the requests to speak were received . The presiding officer may hear non -agenda items at any time after the 5:00 p.m. meeting is called to order.
A. Advance Written Request to Speak must be received by the City Manager’s office no later than 10:00 a.m., the Wednesday prior to the meeting.
B. Communications on Matters not on the Agenda require applicants to complete a request to speak slip pursuant to Section 1A above.
4. CONSENT CALENDAR ITEMS
All items listed on the Consent Calendar are considered to be routine matters or formal documents covering previous instructions from the governing body. All of the items listed on the Consent Calendar may be enacted by a single vote. There will be no separate discussion of Consent Calendar items unless members of the governing body, the City staff or the public request discussion on specific Consen t Calendar items. If a member of the public wishes to spe ak on a Consent Calendar item, a request to speak must be submitted prior to the Consent Calendar being called.
5. REGULAR MEETING SCHEDULE
Joint City Council/HDB/CDC/OPFA meetings are typically scheduled on two Wednesdays of each month and generally follow the format listed below. Agendas for specific meetings are available to the public prior to the meeting. Please see page iv, Section 7, for more details. 3:30 p.m. City Council/HDB/CDC/OPFA Closed Session
5:00 p.m. City Council/HDB/CDC/OPFA Regular Business
6:00 p.m. City Council/HDB/CDC/OPFA Public Hearings, if applicable iv
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.
Because all meetings are jointly convened, there may be business of the City Council, Harbor District Board of Directors, Community Development Commission, or Oceanside Public Financing Authority conducted at any of the scheduled times. All items will clearly identify which of the four governing bodies are acting on the item.
A complete listing of regular scheduled meetings is available from the City Clerk’s office at (760) 435-3000 or on the City of Oceanside Web site at www.ci.oceanside.ca.us.
6. WORKSHOPS
From time to time the City Council may schedule a specially noticed Workshop or meeting to discuss a par ticular topic in greater depth than would be possible at a regular meeting. All such meetings are open to the public.
At a Workshop Meeting, the City Council may vote on any properly agendized matter, and public input is provided for on the agenda.
7. AGENDA POSTING AND AVAILABILITY
This agenda has been posted at least 72 hours prior to the meeting at the Civic Center Plaza, 300 North Coast Highway in the kiosk near the Library . The agenda, including backup reports, will be posted on the City’s Web site at www.ci.oceanside.ca.us and will be available for public review during business hours by no later than the Monday preceding the meeting at the City Clerk’s Office, Second Floor City Hall North, 300 North Coast Highway Written materials relating to an item on this agenda that are distributed to the City Council/ HDB/ CDC/OPFA within 72 hours before it is to consider the item at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office ( location above), during normal business hours. Such written materials will also be made available on the City of Oceanside’s Web site, subject to staff’s ability to post the documents before the regularly scheduled meeting .
8. AGENDA BROADCASTS ON CHANNEL 19
The regular City Council /HDB/CDC/OPFA meetings will be broadcast live on the Government Access Channel 19 by Oceanside Community Television (KOCT) and re -broadcast during the week following the meeting. Please refer to KOCT’s program s chedule for dates and times of re-broadcasts. Videotape of this meeting is available for public reference in the Oceanside Main Library, 330 North Coast Highway.
9. ASSISTANCE TO PERSONS WITH DISABILITIES
If you have special needs because of a disability w hich make it difficult for you to participate in the meetings, please contact the City Clerk at 300 North Coast Highway, Oceanside, CA, telephone (760) 435-3000 by noon the Monday preceding the meeting. The City of Oceanside will attempt to make arrangements to accommodate your disability.