Action Minutes of Council, HDB, CDC & OPFA 1 5/17/2023
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
Action Minutes of Council, HDB, CDC & OPFA 2 5/17/2023 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 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. Thornton v. City of Oceanside, et al.
Superior Court Case No.:37-2022-00001303-CU-PO-NC
Item discussed in closed session
5:00 P.M. – ROLL CALL – All present
INVOCATION – Pastor Amanda McGlynn, King of Kings Lutheran Church PLEDGE OF ALLEGIANCE – Councilmember Robinson
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
Proclamations made
CLOSED SESSION REPORT
3. Closed Session report by City Attorney
Report given
Action Minutes of Council, HDB, CDC & OPFA 3 5/17/2023
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 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)
Motion to Approve Consent Calendar Items 4-5, 9-20
Motion: Robinson
Second: Keim
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 April 26, 2023 Workshop Meeting and the May 3 , 2023 Regular Meeting
Approved: 5-0
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; approval of Amendment 3 to the Professional Services Agreement with Richard 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 Enginee r to execute the change order; and authoriz ation for the City Manager to execute the amendment upon receipt of all supporting documents Item pulled for discussion by Councilmember Joyce
Motion to continue to a future meeting once the city has considered other options instead of natural gas: Joyce
Motion dies for lack of second
Motion: Sanchez
Second: Robinson
Approved: 4-1 (Joyce – No)
Document No. 23-D0314-1
Document No. 23-D0315-1
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 costs 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 Action Minutes of Council, HDB, CDC & OPFA 4 5/17/2023 Item pulled for discussion by Councilmember Joyce
Motion: Keim
Second: Robinson
Approved: 5-0
Document No. 23-D0316-1
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 Item pulled for discussion by Councilmember Weiss
Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 23-D0317-1
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
Approved: 5-0
Document No. 23-D0318-1
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 20 24 through 2027, in an amount not to exceed $9,500 for City services; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 23-D0319-1
11. City Council: Approval of a Public Works Agreement with Doherty Concrete, in the amo unt 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 Approved: 5-0
Document No. 23-D0320-1
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
Approved: 5-0
Document No. 23-D0321-1
Action Minutes of Council, HDB, CDC & OPFA 5 5/17/2023
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 years 2025 -26 through 20 26-27, 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
Approved: 5-0
Document No. 23-D0322-1
14. City Council: Adoption of a r esolution approving 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
Approved: 5-0
Resolution No. 23-R0323-1
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
Approved: 5-0
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
Approved: 5-0
17. City Council: Adoption of two resolutions to provide approval of the preparation 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 an y 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 fund s 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
Approved: 5-0
Resolution No. 23-R0324-1
Resolution No. 23-R0325-1
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 designee, to seek assistance from the California Office of Emergency Services
Approved: 5-0
Resolution No. 23-R0326-1
Action Minutes of Council, HDB, CDC & OPFA 6 5/17/2023
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 Approved: 5-0
20. City Council: Approval and adoption of the revised City of Oceanside Salary Schedule retroactively 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.
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
Motion to approve staff’s recommendation with the
adjustment to remove the fee of $3: Joyce
Motion died for lack of a second
Motion: Weiss
Second: Robinson
Approved: 5-0
Document No. 23-D0327-1
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
Motion: Weiss
Second: Keim
Approved: 5-0
Document No. 23-D0328-1
Action Minutes of Council, HDB, CDC & OPFA 7 5/17/2023 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 Motion: Robinson
Second: Keim
Approved: 5-0
Resolution No. 23-R0329-3
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
Motion to deny the Conditional Use Permit and Waiver of Locational Requirements: Sanchez
Second: Keim
Approved: 4-1 (Joyce – No)
Resolution No. 23-R0330-1
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.
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 Action Minutes of Council, HDB, CDC & OPFA 8 5/17/2023 c. Richard Newton – Councilmember’s Oaths of Office and Responsibilities Thereof
26. Communications from the public regarding items not on this agenda
6 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
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 at the time of introduc tion 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 m embers 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, June 7, 2023.
Meeting adjourned at 7:59 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside