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
Information for the May 17, 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, May 17, 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
May 17, 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 Association (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 – Pastor Amanda McGlynn, King of Kings Lutheran Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of National Poppy Day May 26, 2023; with American Legion Auxiliary Oceanside, Unit 146
Proclamation in Honor of Public Works Week, May 21-27, 2003
Proclamation in Honor of Miss Kim's That Boy Good
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 April 26, 2023 Workshop Meeting and the May 3 , 2023 Regular Meeting
6. City Council: Approval of Change Order 4 in the amount of $206,453 to Jilk Heavy Construction, Inc. for the gas line replacement for the Pier Utility Replacement Project; approv al of Amendment 3 to the Professional Services Agreement with Richa rd Brady and Associates for gas line design services in the amount of $21,500, for total compensation not exceed $1,174,850, authoriz ation for the City Engineer to execute the change order; and authoriz ation for the City Manager to execute the amendment upon receipt of all supporting documents 3 7. City Council: Approval of Amendment 1 to the Professional Services Agreement with California Waters Development, Inc., in the amount of $86,200 for a revised contract amount of $1,186,200, for design-build services for the Brooks Street Swim Center Renovations Project; authorization for contingencies in the amount of $114,120 or ten percent of the construction costs; authoriz ation for the City Engineer to execute the Change Orders up to ten percent of the contract cost s for a total cost of $1,300,320; appropriat ion of $124,751 from the Parks Fees Fund 598; and authorization for the City Manager to execute the amendment
8. City Council : Approval of Amendment 1 to the Professional Services Agreement with STK Architecture, in the amount of $64,845, for a revised contract amount of $1,070,132 for the design of a fourth vehicle bay and low voltage electrical services for the New Fire Station No. 8 Proje ct; and authorization for the City Manager to execute the amendment
9. City Council: Approval of Amendment 1 to the Professional Services Agreement with Engineering Solutions Services, in the amount of $75,000 for a not to exceed amount of $100,000, for grant writing services; and authoriz ation for the City Manager to execute the amendment upon receipt of all supporting documents
10. City Council: Approval of a five-year agreement with Life Thru Soccer to stage a beach soccer tournament event on Harbor Beach on or about the first weekend in June 2023 and future weekend dates in May or first weekend in June 2024 through 2027, in an amount not to exceed $9,500 for City services; and authorization for the City Manager to execute the agreement
11. City Council : Approval of a Public Works Agreement with Doherty Concrete, in the amount of $269,000, for emergency repairs consisting of reconstruction of structural staircase appurtenances on the wooden stairs at Tyson Street Park; approval of a contingency amount of $11,000, for any unforeseen conditions; authorization for the City Clerk to file a Notice of Completion with the San Diego County Recorder; and authorization for the City Manager to execute the agreement
12. City Council: Approval of a Professional Services Agreement with Heritage Architecture & Planning, in an amount not to exceed $453,070, for the architectural and engineering design & environmental services of the Crown Heights Community Resource Center Building; and authorization for the City Manager to execute the agreement
13. City Council: Approval of a Professional Services Agreement with Lance, Soll & Lunghard, LLP for professional auditing services for fiscal years 2022-23 through 2024-25, with an optional extension for fiscal ye ars 2025-26 through 2026 -27, for an amount not to exceed $ 292,240; appropriate $14,430 from Unassigned Fund Balance (101) for Fiscal Year 2023 -24; and authorization for the City Manager to execute the agreement
14. City Council: Adoption of a resolution approv ing Final Map No. T21 -00004 for the Whaley Street Homes project, a 13-lot subdivision development of eight single-family homes and the preservation of four existing single-family homes on a 2.15-acre parcel located at 1728 Whaley Street between Kurtz Street and Hunsaker Street; and authorization for the City Clerk to record the Final Map with the San Diego County Recorder
15. City Council: Acceptance of $46,095 in grant funds from the FY2022 Urban Area Security Initiative (UASI) awarded to the City for UASI-sponsored training and equipment; appropriat ion of these funds to the Fire and Police Departments; and authoriz ation for the City Manager, or designee, to execute all related grant documents
4 16. City Council: Acceptance of $671,429 in grant funds from the California Arts Council, awarded to the City to support the Oceanside CA Cultural District program and its activities, and appropriation of these funds to the Library Department
17. City Council: Adoption of two resolutions to provide approval of the preparat ion of the Pavement Management Plan (“Project”) for the Bob Maxwell Memorial Airfield; acceptance of a grant award from the Federal Aviation Administration (“FAA”) in the amount of $110,908 for the Project; award of Work Order No. 1 for the Project in the amount of $120,168, which is part of the existing On - Call Consulting Agreement with C&S Engineers, Inc. dated June 22, 2022; submittal of an application for a State of California Department of Transportation of Aeronautics (“Caltrans”) Airport Improvement Plan matching grant for the Project; authorization to accept the matching grant funds, if awarded; authorization for the City Manager to execute grant agreements and any other documents required to finalize the FAA grant and the Caltrans grant, upon review and approval by the City Attorney; Appropriation of up to $12,324 from the General Fund for the City’s matching share of the FAA grant; Appropriation of the grant funds and the matching share to the airport maintenance and operation fund, upon receipt of all supporting documents; and approval of amended Airport General Loan amortization schedule
18. City Council: Adoption of a resolution continuing the proclamation declaring the existence of a local emergency, and authoriz ation for the City Manager, or designe e, to seek assistance from the California Office of Emergency Services
19. City Council: Authorization for staff and Dick Miller, Inc. to continue slope stabilization work related to emergency repairs on the 3500 block of Sky Haven Lane; and continuation of the City Engineer’s authorization to approve Change Orders up to a total of $270,000
20. City Council: Approval and adoption of the revised City of Oceanside Salary Schedule retroactively effective April 2, 2023
GENERAL ITEMS
General Items are normally heard aft er 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.
21. City Council: Approval of a two-year Professional Services Agreement with Circuit, in an amount of $573,000 per year, to operate an electric vehicle shuttle program serving Downtown Oceanside; appropriation of $223,000 from the General Fund unassigned fund balance fund; and authorization for the City Manager to execute the agreement
A) Report by Michelle Geller, Economic Development Manager B) Discussion
C) Recommendation – approve agreement
22. City Council : Approval of Amendment 3 to the Professional Services Agreement with Dokken Engineering, in the amount of $933,985 for a revised contract amount not to exceed $1,4 54,169, for the preparation of final design documents for the Coastal Rail Trail from Oceanside Boulevard to Morse Street; and authorization for the City Manager to execute the amendment
B) Report by Kymberly Corbin, Associate Engineer
B) Discussion
C) Recommendation – approve amendment
5 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: Confirmation of issuance of a Class 32 “In-Fill Development Projects” Categorical Exemption per the California Environmental Quality Act; and adopt ion of a resolution approving a Tentative Parcel Map (RP22 -00001), Development Plan (RD22 -00002) and Density Bonus Request (DB22 - 00007) to allow the construction of a mixed -use development project comprised of 64 residential units, including seven deed restricted low -income units and approximately 2,500 square feet of commercial space located at 901 Pier View Way
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 Shannon Vitale, Senior Planner E) Recommendation – confirm exemption and adopt resolution
24. City Council: Adoption of a resolution approving a Conditional Use Permit (CUP22 -00007) and a Waiver of Locational Requirements to allow tobacco and drug paraphernalia sales within an existing building located at 4170 Oceanside Boulevard, Suite 177C 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 II
E) Recommendation – adopt resolution
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.
25. Advance written request to reserve time to speak:
a. Charlene Moore – The 2023 San Diego County Fair
b. Joe Hill – Represent Oceanside and Voting Procedure Changes c. Richard Newton – Councilmember’s Oaths of Office and Responsibilities Thereof
26. Communications from the public regarding items not on this agenda 6 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 on e 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 Attorne y 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 Spea k form prior to the commencement of this agenda item.
None
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, June 7, 2023. ii
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 co ntaining 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 the 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 of ficer. 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 n oted 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 indi cates 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 rec eived 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 correspondenc e 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 City 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.
iii
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 invite 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 al l 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 far 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 ag enda 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 bo dy. 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 Consent 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 i tems 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 parti cular 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 sch edule 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 whi ch 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.