Action Minutes of Council, HDB, CDC & OPFA 1 6/21/2023
MEETING AGENDA
June 21, 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 6/21/2023 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
5:00 P.M. – ROLL CALL – All present
INVOCATION – Head Pastor Mike Openshaw, Lighthouse Christian Church PLEDGE OF ALLEGIANCE – Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Proclamation in honor of Parks and Recreation Month – Theme “Where Community Grows” Pet of the Month
Proclamation given
CLOSED SESSION REPORT
2. 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.
3. 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 3-10, 12-27, 30- 32, 34-36
Motion: Keim
Second: Robinson
Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 3 6/21/2023
4. 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 June 7, 2023 Regular Meeting Approved: 5-0
5. City Council: Approval of annual purchase orders, agreements, and amendments with various vendors for the purchase of equipment, supplies, materials and services for the Water Utilities Department in amounts over $50,000 for FY 2023 -24 for a total of $ 7,141,557; authorization for the Financial Services Director, or designee, to execute the annual purchase orders; and authorization for the City Manager to execute the agreements and amendments upon receipt of all supporting documents
Approved: 5-0
6. City Council: Approval of annual purchase orders and agreements for services, supplies, and materials in amounts over $50,000 for FY 2023 -24 for routine and recurring maintenance, repairs, and operations, including sole source approvals in a total amount of $3, 180,000, for the Public Works Department; approval of Amendment 2 to the Professional Contractor Services Agreement with Coastal Building Services, Inc. to include the William Wagner Aquatics Center and John Landes Park and Recreation Center; appropriation of $90,000 from Restricted Parks & Recreation Maintenance fund 851 to the Parks & Recreation Building Maintenance account; approval of a Public Works Agreement (PWA) with All-Time Fence Company, Inc., in the amount of $100,000, for Guardrail & Fence Repair services; approval of a PWA with California Professional Engineering, Inc., in the amount of $75,000, for Traffic Signal Loops; approval of a PWA with Patterson Brothers Lighting, in the amount of $150,000, for Street Light Repair & Replacement; approval of a PWA with Rancho Del Oro Landscaping, in the amount of $180,000, for Citywide Landscape Services; approval of Amendment 4 to the PWA with West Coast Arborists, Inc., in the amount of $3 00,000 to include additional tree trimming services; authorization for the Financial Services Dir ector, or designee, to execute the purchase orders; and authorization for the City Manager to execute the amendments and agreements upon receipt of all supporting documents, including any edits required by the City Attorney that do not result in any addition to the compensation paid to the Consultants Approved: 5-0
Document No. 23-D0413-1
Document No. 23-D0414-1
Document No. 23-D0415-1
Document No. 23-D0416-1
Document No. 23-D0417-1
Document No. 23-D0418-1
7. City Council: Approval of a purchase order to BMW Motorcycles, in the amount of $33,318, for the purchase of one BMW R1250 RT -P Police Motorcycle; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order
Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 4 6/21/2023
8. City Council: Approval of a solution agreement with Arctic Wolf and a three-year purchase order, in an amount not to exceed $444,639, to CDW Government for the purchase of the Arctic Wolf Cybersecurity Solution; authorization for the City Manager to execute the agreement; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
Document No. 23-D0419-1
9. City Council: Approval of a purchase order to Guardian Fleet Safety as a sole source, not to exceed a total of $60,000 for the purchase of one vehicle for the Police Department; approval of a purchase order to Emergency Vehicle Systems LLC, not to exceed $28,000, for upfitting the police vehicle; approval of a purchase order to DELL Marke ting, not to exceed $4,000, for one mobile communication terminal; approval of a purchase order to Terry’s Auto Body & Paint, not to exceed $2,000, for the painting of doors; and authorization for the Financial Services Director, or designee, to execute the purchase orders
Approved: 5-0
10. City Council: Approval of a purchase order to CT West, Inc., in the amount of $465,710, for City - furnished traffic signal controllers for the Highway Safety Improvement Program (HSIP) Traffic Signal Upgrades Project; approval of the procurement as a sole source purchase; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
11. City Council: Approval of an increase to an existing purchase order with Sunbelt Rentals in the amount of $76,232, for a revised total of $107,232 for maintenance and repair equipment rentals for the Public Works Department; approval of an increase to an existing purchase order with Rawlings Electric in the amount of $13,046 for generator equipment r ental; appropriation of $89,278 from the General Fund Pier Assigned Maintenance; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order Item pulled for discussion by member of the public
Motion: Joyce
Second: Sanchez
Approved: 5-0
12. City Council: Approval of a change order to an existing purchase order to Hawthorne Rent It Service, in an amount not to exceed $114,400, for a total purchase order amount not to exceed $140,372, for the rental of one 1500KVA Generator for the La Salina Wastewater Treatment Plant; and authorization for the Financial Services Director, or designee, to execute the Change Order Approved: 5-0
Document No. 23-D0420-1
13. City Council: Approval of the construction changes listed in Contract Change Order s Numbers 7 thru 9 to the Public Works Agreement with ATP General Engineering Contractors for the Slurry Seal and Overlay project, in the amount of $1, 216,975 for a total revised contract amount of $14,609,882; and authorization for the City Engineer to execute the Contract Change Orders Approved: 5-0
Document No. 23-D0421-1
Document No. 23-D0422-1
Document No. 23-D0423-1
Action Minutes of Council, HDB, CDC & OPFA 5 6/21/2023
14. City Council: Approval of an amendment to two Professional Services Agreements (PSAs) with NV5, Inc. for as -needed construction management services and construction inspection services to augment staff through June 2023 in the amount of $100,000 and $150,000 respectively, for a total not-to-exceed three -year PSA maximum amount of $750,000 and $600,000 respectively; and authorization for the City Manager to execute the amendments upon the receipt of all supporting documents, including any edits required by the City Attorney that do not result in any addition to the compensation paid to the Consultants
Approved: 5-0
Document No. 23-D0424-1
Document No. 23-D0425-1
15. City Council: Approval of Amendment 1 to the Reimbursement Agreement with Net Lease Alliance, LLC, in the amount of $164,087, for the City’s cost share of additional work on the repair and replacement of eight -inch gravity sewer pipelines in Airport Road and Roymar Road; a nd authorization for the City Manager to execute the Amendment Approved: 5-0
Document No. 23-D0426-1
16. City Council: Approval of Amendment 2 to Professional Services Agreement with HdL, in the amount of $2,400 annually plus 25 percent of all new transaction or use tax revenue received by the City only as a result of audit and recovery work performed estimated at $5,000 annually for Measure X sales and use tax services; and authorization for the City Manager to execute the Amendment Approved: 5-0
Document No. 23-D0427-1
17. City Council: Approval of Amendment 2 to the Professional Services Agreement (PSA) with GeoPacifica and Amendment 2 to the PSA with Interwest, each in the amount of $150,000 to allow for a single -year extension of as -needed Capital Improvement Program and Land Development support services; and authoriz ation for the City Manager to execute the amendments upon the receipt of all supporting documents, including any edits requi red by the City Attorney that do not result in any addition to the compensation paid to the Consultants Approved: 5-0
Document No. 23-D0428-1
Document No. 23-D0429-1
18. City Council: Approval of Amendment 4 to the Professional Services Agreement with E Source Companies, LLC in the amount of $314,888, for a revised contract amount of $2,206,068, for an additional five months of data management support for the Advanced Metering Infrastructure Project and integration testing during the City’s Customer Infor mation System upgrade; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 23-D0430-1
Action Minutes of Council, HDB, CDC & OPFA 6 6/21/2023
19. City Council: Approval of Amendment 5 to the Percentage Lease Agreement with OS Pier, LLC, extending the term of the agreement for a period of ten years for a total rent over the term of $2,075,480, increasing the total budget for the installation of the Pier utility infrastructure improvements to an amount not to exceed $200,000, and updating various lease terms for the restaurant and kiosk buildings located at 1 Pier View Way at the end of the Oceanside Municipal Pier; and authoriz ation for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 23-D0431-1
20. City Council: Approval of an Amended and Restated Cooperation Agreement with the Oceanside Unified School District and TTLC Management, Inc., which was a condition required for the City’s purchase of a three-acre portion of the property located at 333 Garrison Street to be used as the El Corazon Sewer Lift Station; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 23-D0432-1
21. City Council: Approval of 21 three-year Professional Services Agreements with consulting firms, each in amounts not-to-exceed $150,000 per fiscal year for a total of $450,000 over the three-year period, for as -needed Capital Improvement Program and Land Development services; and authorization for the City Manager to execute the agreements upon the receipt of all supporting documents, including any edits required by the City Attorney that do not result in any addition to the compensation paid to the Consultants
Approved: 5-0
Document No. 23-D0433-1
Document No. 23-D0434-1
Document No. 23-D0435-1
Document No. 23-D0436-1
Document No. 23-D0437-1
Document No. 23-D0438-1
Document No. 23-D0439-1
Document No. 23-D0440-1
Document No. 23-D0441-1
Document No. 23-D0442-1
Document No. 23-D0443-1
Document No. 23-D0444-1
Document No. 23-D0445-1
Document No. 23-D0446-1
Document No. 23-D0447-1
Document No. 23-D0448-1
Document No. 23-D0449-1
Document No. 23-D0450-1
Document No. 23-D0451-1
Action Minutes of Council, HDB, CDC & OPFA 7 6/21/2023 Document No. 23-D0452-1
Document No. 23-D0453-1
22. City Council: Approval of a five-year Professional Services Agreement with D-Max Engineering Inc., in a total amount not to exceed $258,714, for stormwater compliance consulting services associated with the Trash Amendments; and authoriz ation for the City Manager to ex ecute the agreement
Approved: 5-0
Document No. 23-D0454-1
23. City Council: Approval of a Professional Services Agreement with Gallagher Benefit Services, Inc., in an amount not to exceed $89,355 for the base contract, plus 15% contingency , to perform a comprehensive salary and compensation study for the Water Utilities Department; and authorization for the City Manager to execute the agreement Approved: 5-0
Document No. 23-D0455-1
24. City Council: Award of a Public Works Agreement to HMS Construction, Inc., in the amount of $975,000, for the Three Traffic Signal Improvement project; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents Approved: 5-0
Document No. 23-D0456-1
25. City Council: Award of a Public Wor ks Agreement to Econolite Systems, Inc., in the amount of $1,302,648, for the Highway Safety Improvement Program Traffic Signal Upgrades Project; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 23-D0457-1
26. City Council: Approval of the reassignment of the Host Sponsorship Agreement to host the O’Side Turkey Trot from Kinane Events to San Diego Running Company; and authoriz ation for the City Manager to execute the agreement
Approved: 5-0
Document No. 23-D0469-1
27. City Council: Acceptance of grant funding from the California Department of Water Resources Proposition 1 Round 2 Integrated Resources Water Management Grant Program, in the amount of $2,131,803, for the Downtown Recycled Water and Oceanside Mesa Garrison Force Main River Crossing Projects; appropriation of the funds to the Water Utilities Department; and authoriz ation for the City Manager, or designee, to execute the final agreements Approved: 5-0
Resolution No. 23-R0458-1
Action Minutes of Council, HDB, CDC & OPFA 8 6/21/2023
28. City Council: Approval of Amendment 2 to the Property Use Agreement with the San Diego Rescue Mission revising the construction budget for the Oceanside Navigation Center; Adoption of a resolution authorizing participation and acceptance of funds for the Economic Develo pment Initiative, Community Project Funding from the U.S. Department of Housing and Urban Development (HUD); Acceptance of funds in the amount of $2,250,000 from HUD and the appropriation of such funds to the Neighborhood Services Department, Navigation Center project; and, Authorization for the City Manager or designee to execute all agreements and documents necessary for acceptance of the funds and implementation of the agreement Item pulled for discussion by Councilmember Joyce
Motion: Sanchez
Second: Robinson
Approved: 5-0
Document No. 23-D0459-1
Resolution No. 23-R0460-1
29. City Council: Adoption of a resolution increasing dog license impound rates and fees for the City, in conjunction with the services provided by the San Diego Humane Society and S.P.C.A, to provide animal control services for the City
Item removed from agenda by staff
30. City Council: Adoption of resolutions authorizing the levy of special taxes for Community Facilities Districts 2000-1 (Ocean Ranch), 2001-1 (Morro Hills), and 2006-1 (Pacific Coast) for FY 2023-24 Approved: 5-0
Resolution No. 23-R0461-1
Resolution No. 23-R0462-1
Resolution No. 23-R0463-1
31. City Council: Authorization for staff and Doherty Concrete to continue emergency repairs on the wooden stairs at Tyson Street Park
Approved: 5-0
32. City Council: End the emergency work declaration on the 3500 block of Sky Haven Lane; deem work complete by Dick Miller, Inc. for slope stabilization work with respect to emergency repairs on the 3500 block of Sky Haven Lane; and authoriz ation for the City Engineer’s office to file a Notice of Completion with the County Recorder’s Office
Approved: 5-0
Document No. 23-D0464-1
33. CDC: Approval of the updated Downtown Advisory Committee Bylaws, and Fiscal Years 2023 -24 and 2024-25 Biennial Work Plan
Action Minutes of Council, HDB, CDC & OPFA 9 6/21/2023 Item pulled for discussion by Councilmember Joyce
Motion to approve the updated Downtown Advisory
Committee Bylaws and Fiscal Years 2023-2024 and 2024-
2025 Biennial Work Plan with the change that the one
member qualified in the real estate professions such as architecture, real estate development, real estate/land use law, commercial real estate sales, asset management,
engineering, or finance at the end of that member’s term be switched to an at-large member: Joyce
Second: Sanchez
Approved: 5-0
Document No. 23-D0465-3
34. City Council: Approval of the updated Planning Commission FY 2023-24 and FY 2024-25 Work Plan Approved: 5-0
Document No. 23-D0466-1
35. City Council: Acceptance of the City Treasurer’s recommendation for the Citizen Investment Oversight Committee
Approved: 5-0
36. City Council: Acceptance of the City Treasurer’s Report for the quarter ended March 31, 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.
None.
6:00 P.M.
PUBLIC HEARING ITEMS
Public hearing items are “time -certain” and are heard be ginning 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.
Action Minutes of Council, HDB, CDC & OPFA 10 6/21/2023
37. City Council: Adoption of a resolution upholding Planning Commission Resolution No. 2023 -P09 approving a Development Plan and nine Conditional Use Permits to allow the construction of a 533,700 sf development project consisting of 497,900 sf of research and development facilities and 35,800 sf of commercial space (comprised of four drive-thru restaurants, a gas station/convenience store/carwash, and flexible retail space) located at the northwest corner of Rancho Del Oro Drive and Oceanside Boulevard – El Corazon OBC Project – Applicant: Sudberry Development, Inc.; Appellant: Supporters Alliance for Environmental Responsibility (SAFER) A) Mayor opens public hearing
B) Mayor requests disclosure of Councilmember and constituent contacts and correspondence C) Clerk presents correspondence and/or petitions
D) Testimony beginning with Shannon Vitale, Senior Planner E) Testimony of Appellant, if requested
F) Testimony of Applicant, if requested
G) Recommendation – adopt resolution
Motion: Robinson
Second: Weiss
Approved: 4-1 (Sanchez – No)
Resolution No. 23-R0467-1
38. City Council: Adoption of a resolution upholding the Planning Commission’s certification of a Final Environmental Impact Report and associated Mitigation Monitoring and Reporting Program, and approval of Development Plan (D21 -00011) and Density Bonus (DB21 -00005) to allow a mixed - use development consisting of 323 residential units, inclusive of 33 units reserved for very -low income households, and approximately 2,300 square feet of dedicated commercial floor area on a vacant 7.4-acre site located at the southeast corner of Melrose Drive and West Bobier Drive. Modera Melrose – Applicant: MCRT Investments, LLC; Appellant: Supporters Alliance for Environmental Responsibility (“Safer”)
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 Sergio Madera, City Planner E) Testimony of Appellant, if requested
F) Testimony of Applicant, if requested
G) Recommendation – adopt resolution
Motion: Keim
Second: Weiss
Approved: 5-0
Resolution No. 23-R0468-1
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 t hat 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.
39. Advance written request to reserve time to speak:
Action Minutes of Council, HDB, CDC & OPFA 11 6/21/2023 a. Robert Cording – The Ramp at Oceanside Pier
b. Richard Newton – Disparate Treatment of Memorial Day versus “Pride Month” by the City of Oceanside
c. Ken Leighton – The Relationship of the City of Oceanside and Councilmembers to the Oceanside Chamber of Commerce
40. Communications from the public regarding items not on this agenda
14 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
41. Request by Mayor Sanchez to make appointments to or motions for removal from some or all of the City’s advisory groups
Item postponed to future meeting
42. Request by Deputy Mayor Keim and Councilmember Weiss for discussion and direction to staff regarding towing and impound policies for the Sunset Market Motion: Keim
Second: Weiss
Approved: 5-0
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 exception, and may be introduced and adopted a t 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 Att orney 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, August 9, 2023.
Action Minutes of Council, HDB, CDC & OPFA 12 6/21/2023 Meeting adjourned at 8:35 p.m. in memory of Andrea
Sanders
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside