Action Minutes of Council, HDB, CDC & OPFA 1 4/05/2023
MEETING AGENDA
April 5, 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 4/05/2023
3:30 P.M. – ROLL CALL – Councilmember Weiss 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 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 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. In re National Opioid Litigation Settlements
(Teva, Allergan, CVS, Walgreens and Walmart)
Case No.: 1:17-md-2804
Item was discussed in closed session . Council voted 4 -0 (Weiss – absent) to authorize the City Attorney to execute all settlement documents necessary for Oceanside to receive its allocated share of settlement proceeds.
3. CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: City -owned property located at 4701 Mesa Drive (A Portion of APN: 161 -511-17); Negotiating Parties: City of Oceanside and YMCA of San Diego Coun ty; Negotiator for the City: Vicki Gutierrez, Real Estate Manager; Under Negotiations: Price and terms for the lease of real property Item was not discussed in closed session
(B) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: 1.92 acres of land located at 3141 Oceanside Boulevard (APN 162 -050-42); Negotiating Parties: City of Oceanside and Alta Loma Creekside Property LLC; Negotiator for the City: Vicki Gutierrez, Real Estate Manager; Under Negotiations: Price and terms for the acquisition of real property Item was discussed in closed session
5:00 P.M. – ROLL CALL – Councilmember Weiss absent
Action Minutes of Council, HDB, CDC & OPFA 3 4/05/2023
INVOCATION – Pastor Roger VanDerWerken, Breakwater Community Church PLEDGE OF ALLEGIANCE – Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of National Fair Housing Month 2023 Proclamations given
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 5-11, 13-22:
Keim
Second: Robinson
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 Commission , City Council , and Oceanside Public Financing Authority of the March 22, 2023 Special Meeting and the March 22, 2023 Regular Meeting
Approved: 4-0
7. City Council: Approval of a purchase order, in an amount not -to-exceed $254,109, to Rockwell Solutions for the purchase of new emergency bypass pumps for the Water Utilities Department; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 4-0
8. City Council: Approval of a purchase order, in the amount of $167,786 with AP G-Neuros, for one replacement blower for aeration basin air for the Water Utilities Department ; approv al of the procurement as a sole source purchase; and authoriz ation for the Financial Services Director, or designee, to execute the order
Approved: 4-0
Action Minutes of Council, HDB, CDC & OPFA 4 4/05/2023
9. City Council: Approval of two purchase orders, in an amount not exceed $40,813, associated with the purchase of one Addition to Fleet unit for the Public Works Solid Waste/Street Sweeping section.
The two purchase orders are: 1) Toyota of Carlsbad for a single Toyota Tacoma 4x2 truck, in an amount not to exceed $36,727 and 2) LEHR Auto Electric for upfitting safety items, in an amount not to exceed $4,086; and authorization for the Financial Services Director, or designee, to execute the purchase orders
Approved: 4-0
10. City Council: Approval of a Purchase Order with Airwave Mechanical Inc., in the amount of $27,966, for Heating, Ventilation and Air Conditioning (HVAC) services and installations within the Housing and Neighborhood Services D epartment; approv al of a contingency amount, not to exceed $40,000, for unanticipated building HVAC expenses; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order
Approved: 4-0
11. City Council: Approval of five purchase orders as follows: 1) a purchase order to Ken Grody Ford, 2) a purchase order to Toyota of Carlsbad, not to exceed a total of 508,000 for the purchase of 13 vehicles for the Oceanside Police Department; 3) a purchase order, not to exceed $90,000 to Emergency Vehicle Systems LLC for upfitting the police vehicles; 4) a purchase order, not to exceed $32,004 to DELL, Marketing for nine mobile communication terminals; and, 5) a purchase order, not to exceed $26,000, to San Diego Auto Body & Paint for the painting of doors; and authorization for the Financial Services Director, or designee, to execute the purchase orders Approved: 4-0
12. City Council: Approval of Amendment 1 to the Professional Services Agreement with Bureau Veritas North America, Inc., in the amount of $15,750, for a new agreement total of $137,950 for consultant Fire and Life Safety Plan Review Services; and authoriz ation for the City Manager to execute the amendment
Item pulled for discussion by member of the public
Motion: Sanchez
Second: Keim
Approved: 4-0
Document No. 23-D0187-1
13. City Council: Approval of Amendment 1, in an amount not to excee d $94,500, to the Professional Services Agreement with David Taussig and Associates, Inc. for a revised contract amount of $423,280, extending the term of the agreement to provide tax advisement services for the City’s six Community Facilities Districts fo r one additional year through December 31, 2023; and authorization for the City Manager to execute the amendment Approved: 4-0
Document No. 23-D0188-1
14. City Council: Approval of Amendment 1 to the Professional Services Agreement with Weston Solutions, in an amount not to exceed $35,000, for a revised contract total of $267,050 for regulatory water quality monitoring services at Loma Alta Slough; and authoriz ation for the City Manager to execute the amendment
Approved: 4-0
Action Minutes of Council, HDB, CDC & OPFA 5 4/05/2023
Document No. 23-D0189-1
15. City Council: Approval of Amendment 2 to the Property Use Agreement with North County Lifeline, a California non-profit organization, for the premises located at 402 Brooks Street, extending the term of the agreement for a period of five years from May 1, 2023 through April 30, 20 28, with compensation to the City in the form of programs and services provided, and maintenance of the premises; and authoriz ation for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 4-0
Document No. 23-D0190-1
16. City Council: Approval of Amendment 2 to the Professional Services Agreement with NV5, in the amount of $64,406, for a total contract amount of $217,227 for regulatory storm drain field screening services to comply with the Regional Municipal Stormwater National Pollutant Discharge Elimination System Permit; and authorization for the City Manager to execute the amendment Approved: 4-0
Document No. 23-D0191-1
17. City Council: Approval of Amendment 3 to the Professional Services Agreement with Trussell Technologies, in the amount of $1,081,789, for a total contract amount of $3,396,980 for startup, commissioning, and optimization services of the Pure Water Oceanside Project; and authoriz ation for the City Manager to execute the amendment
Approved: 4-0
Document No. 23-D0192-1
18. City Council: Actions with respect to emergency repairs on the 3500 block of Sky Haven Lane; approval of a Public Works Agreement with Dick Miller, Inc., in the amount of $897,563, for slope stabilization work; authoriz ation for the City Engineer to approve Change Orders up to a total of $270,000; appropriation of $1,200,000 from Infrastructure Reserves; and authorization for the City Manager to execute the agreements upon receipt of all supporting documents Approved: 4-0
Document No. 23-D0193-1
19. HDB: Approval of a Public Works Agreement with Eagle Paving, in the amount of $114,162, for asphalt repair and replacement at Oceanside Harbor; and authoriz ation for the Administrative Officer to execute the agreement upon receipt of all supporting documents Approved: 4-0
Document No. 23-D0194-2
20. City Council: Approval of a five-year Memorandum of Understanding (MOU) with the San Diego Unified Port District and Regional Harbor Monitoring Program agencies to conduct required water and sediment quality monitoring; authorization for the City Manager to execute the MOU; approval of a purchase order in an amount not to exceed $196,737; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order Approved: 4-0
Document No. 23-D0195-1
Action Minutes of Council, HDB, CDC & OPFA 6 4/05/2023
21. City Council: Acceptance of $120,309 in grant funds from the 2022 State Homeland Security Program for Police and Fire Department equipment; appropriation of these funds to the Fire and Police Departments; and authoriz ation for the City Manager, or designee, to execute all related grant documents
Approved: 4-0
22. City Council: Modification of the authorized Business License Inspector position to a Code Enforcement Officer I position within the Financial Services Department Approved: 4-0
GENERAL ITEMS
General Items are normally heard after any 6:00 p.m. Public Hear ing 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 suffi cient 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.
None
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.
23. CDC: Adoption of a resolution approving submission of the 2023-2024 Public Housing Agency (PHA) Annual Plan for the Housing Choice Voucher Program to the U.S. Department of Housing and Urban Development with the inclusion of changes made to the PHA Annual Plan as a result of public comments; and authorization for the Executive Director, or designee, to execute any and all related documents for submittal
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 Raymond Rull, Housing Program Manager E) Recommendation – adopt resolution
Motion: Joyce
Second: Keim
Approved: 4-0
Resolution No. 23-R0196-3
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.
Action Minutes of Council, HDB, CDC & OPFA 7 4/05/2023
24. Advance written request to reserve time to speak: None
25. Communications from the public regarding items not on this agenda – 5 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
26. 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: Joyce
Approved: 4-0
See attached list
27. Request by Mayor Sanchez and Councilmember Rick Robinson to direct staf f to bring to council action temporarily waiving payment of the annual registration fees for mobile home parks authorized under 16B of the Oceanside City Code
Motion: Sanchez
Second: Robinson
Approved: 4-0
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 exce ption, 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 or dinances 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.
None
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, April 19, 2023.
Meeting adjourned at 6:25 p.m.
Action Minutes of Council, HDB, CDC & OPFA 8 4/05/2023
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside
DATE: March 29, 2023
TO: City Council
City Clerk
FROM: Mayor Esther C. Sanchez ECS
SUBJECT: Approval of appointments to and/or removal from Commissions/Committees/Boards at April 5, 2023 City Council Meeting
With the council's concurrence, the following appointments/removals are made:
Term Expires
ARTS COMMISSION
Appoint Julia Fister to Regular 7/1/2024
Appoint Marisa De Luca to Alternate I 7/1/2025
Margaret Hernandez to Alternate II 7/1/2025
COMMUNITY RELATIONS COMMISSION (terms to be determined at the 1st meeting) 7/1/2024
8/22/2026
7/1/2026
7/1/2025
Satia O. Austin
Beatriz Palmer
Massimiliano Disposti
Marilou de la Rosa
Angel Ortiz Salazar
Cedma Navarro
Nataly Sanchez
Atiu Taulau
Samuel Poumele
HOUSING COMMISSION
Appoint Shelly Parker to Regular
MANUFACTURED HOMES FAIR PRACTICES COMMISSION
Appoint Daniel Dominguez to Regular
PARKS & RECREATION COMMISSION
Remove Emma Havstad, Appoint Norma Jasso to Regular
Appoint Gordon Chavez to Alternate I
MEASURE X COMMITTEE
Eleanor Evans 7/1/2027
DATE: March 29, 2023
TO: City Council
City Clerk
FROM: Mayor Esther C. Sanchez ECS
SUBJECT: Approval of appointment of Council Liaison at April 5, 2023 City Council Meeting
With the council's concurrence, the following appointment is made:
City/Harbor/CDC Advisory Group Liaison
Community Relations Commission Sanchez