Action Minutes of Council, HDB, CDC & OPFA 1 3/22/2023
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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
Action Minutes of Council, HDB, CDC & OPFA 2 3/22/2023
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. Thornton v. City of Oceanside, et al.
Superior Court Case No.:37-2022-00001303-CU-PO-NC
Item was discussed in closed session
5:00 P.M. – ROLL CALL – All present
INVOCATION – Fr. Charles Wright, O.S.B., Prince of Peace Abbey PLEDGE OF ALLEGIANCE– Councilmember Joyce
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 Proclamations given
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.
Action Minutes of Council, HDB, CDC & OPFA 3 3/22/2023
4. City Council/Harbo r/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 4-5, 7-8, 11-18, 20-21: Keim
Second: Joyce
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 March 8, 2023 Regular Meeting Approved: 5-0
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 Item removed for discussion by Councilmember Robinson
Motion: Robinson
Second: Keim
Approved: 5-0
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 Approved: 5-0
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
Approved: 5-0
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 Item removed for discussion by Councilmember Joyce
Motion: Joyce
Second: Keim
Approved: 5-0
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 Action Minutes of Council, HDB, CDC & OPFA 4 3/22/2023
Item removed for discussion by Mayor Sanchez
Motion: Keim
Second: Joyce
Approved: 5-0
Document No. 23-D0149-1
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 to tal revenue of $24,275; and authoriz ation for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 23-D0150-1
12. City Council: Approval of a two-year Professional Services Agreement with Pierside Investigations 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
Approved: 5-0
Document No. 23-D0151-1
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 Approved: 5-0
Document No. 23-D0152-1
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 execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 23-D0153-1
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 t he Capital Improvement Program; and authoriz ation for the City Manager to execute the agreements upon receipt of all necessary documents
Approved: 5-0
Document No. 23-D0154-1
Action Minutes of Council, HDB, CDC & OPFA 5 3/22/2023
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
Approved: 5-0
Document No. 23-D0167-1
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 Approved: 5-0
18. City Council: Acceptance of the second quarter Financial Status Report and approval of the budget adjustments
Approved: 5-0
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 Item removed for discussion by Deputy Mayor Keim
Motion: Keim
Second: Robinson
Approved: 5-0
Resolution No. 23-R0168-1
20. City Council: Adoption of a resolution approving and implementing the Memorandum of Understanding between the City of Oceanside and the Oceanside Fire Management Association effective April 1, 2023, through March 31, 2025
Approved: 5-0
Resolution No. 23-R0169-1
Document No. 23-D0170-1
21. City Council: Approval and adoption of the revised City of Oceanside Salary Schedule effective April 2, 2023
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.
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.
Action Minutes of Council, HDB, CDC & OPFA 6 3/22/2023
A) Report by Fred Armijo, Police Chief
B) Discussion
C) Recommendation – receive presentation (no vote necessary) Staff gave presentation
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
Motion: Weiss
Second: Robinson
Approved: 4-0-1 (Sanchez – Abstain)
Document No. 23-D0171-1
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.
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
Motion to adopt the resolution and restrict tobacco sales to cigars, cigarettes, and chewing tobacco: Sanchez
Second: Weiss
Approved: 5-0
Resolution No. 23-R0172-1
25. City Council: Receipt of a report on the anticipated Fiscal Year (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 communit y development activities, planning, and program administration 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 t he Public Hearing and initiation of the 30 -day comment period
A) Mayor opens public hearing
Action Minutes of Council, HDB, CDC & OPFA 7 3/22/2023
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
Report received, public hearing conducted, public hearing closed, and comment period is now initiated
Motion to approve staff’s recommendation and to direct staff to explore alternative funding sources for the Fire Station #7 loan repayment: Joyce
Second: Sanchez
Approved: 4-1 (Robinson – No)
Document No. 23-D0173-1
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.
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 – 4 speakers
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 ordin ances 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 th e 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
Action Minutes of Council, HDB, CDC & OPFA 8 3/22/2023
(Introduced March 8, 2023, 5-0)
Motion: Weiss
Second: Keim
Approved: 5-0
Ordinance No. 23-OR174-1
ADJOURNMENT
Adjourn to a Mayor/Council Workshop at 2:00 p.m. on March 29, 2023 to make Planning Commission appointments.
Meeting adjourned at 8:37p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside