1 Action Minutes of Council, HDB, CDC & OPFA 9/27/2023
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MEETING AGENDA
September 27, 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 – 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 Action Minutes of Council, HDB, CDC & OPFA 9/27/2023 2 (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. San Diego Regional Water Quality Control Board Complaint No. R9-2023-0015
2. Regalado v. City of Oceanside, Workers Compensation Case No. ADJ1051886
(B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Section 54956.9)
1. Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9.
One Case involving an August 7, 2023 litigation threat from Jack Silver Items were discussed in closed session
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (SECTION 54956.8)
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: City-owned property located at 4701 Mesa Drive (Portion of APN: 161-511-17); Negotiating Parties: City of Oceanside and YMCA of San Diego County; 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
5:00 P.M. – ROLL CALL – All present
INVOCATION – Dr. Hal Seed, Lead Pastor, New Song Community Church PLEDGE OF ALLEGIANCE – Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of Blue Star Welcome Week, September 23 to October 1, 2023; with Maggie Meza, Chapter Director
Presentation of Oceanside Latino Leadership Awards 2023 Proclamations given
CLOSED SESSION REPORT
4. Closed Session report by City Attorney
Action Minutes of Council, HDB, CDC & OPFA 9/27/2023 3
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 5-10, 12-17
Motion: Keim
Second: Sanchez
Approved: 5-0
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 September 13, 2023 Regular Meeting Approved: 5-0
7. City Council: Approval of a purchase order to Stryker Medical, in the amount of $121,022, for the purchase of six cardiac compression devices; approval of the procurement as a sole source; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
8. City Council: Approval of Amendment 2 to the Professional Services Agreement with Invoice Cloud Corporation, in the amount of $28,000, for a revised estimated contract amount of $959,000, amending compensation for the per item transaction fee for credit card and electronic fund transfer check transactions; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 23-D0661-1
9. City Council: Approval of Amendment 2 to the Professional Services Agreement with GovOS, Inc., in an estimated amount of $41,400, for a revised estimated contract amount of $212,000, extending the term of the Agreement for one year for Short-term Rental and Transient Occupancy Tax compliance and remittance services; and authorization for the City Manager to execute the amendment
Approved: 5-0
Document No. 23-D0662-1
10. City Council: Approval of Amendment 3 to the Professional Services Agreement with Wittman Enterprises, LLC, for Emergency Medical Service billing services, extending the term of the agreement to October 15, 2024, with compensation based on a percentage of collections received from net collected revenues; and authorization for the City Manager to execute the amendment Approved: 5-0
Document No. 23-D0663-1
Action Minutes of Council, HDB, CDC & OPFA 9/27/2023 4
11. City Council: Approval of Amendment 4 to the Professional Services Agreement with Dokken Engineering, in the amount of $58,620 for a revised contract amount not to exceed $1,512,789, for the preparation of additional design documents for the Coastal Rail Trail from Oceanside Boulevard to Morse Street; and authorization for the City Manager to execute the amendment upon receipt of all necessary documents
Item pulled for discussion by member of the public
Motion: Keim
Second: Robinson
Approved: 5-0
Document No. 23-D0664-1
12. City Council: Approval of Amendment 6 to the Public Works Agreement with Brax Company, Inc., in the amount of $366,000 for a revised contract amount of $1,556,925, for annual sewer collections and water distribution repair and maintenance services, and sewer station pump and motor assembly replacements; and authorization for the City Manager, or designee, to execute the amendment
Approved: 5-0
Document No. 23-D0665-1
13. City Council: Approval of a three-year Professional Services Agreement with Enterprise Technologies Services, LLC, in an amount of $425,040, for the implementation of and support for the Power BI Reporting Solution; approval of the agreement as a Sole Source Procurement; approval of a purchase order with CDW Government, in an amount of $145,679, for the purchase of the associated Microsoft Licensing and Azure Cloud Services; appropriation of $399,839 from the Information Services Reserve fund; 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-D0666-1
14. City Council: Appropriation of $193,436 from the Parks Fees Fund for project related costs, contingencies, and staff time for the Brooks Street Swim Center Renovations Project, and authorization for the City Engineer to execute Contract Change Orders with California Waters Development Inc. for a total not to exceed contract amount of $1,528,544 Approved: 5-0
Document No. 23-D0667-1
15. City Council: Adoption of a resolution accepting $47,202 in grant funds from the State of California Department of Alcoholic Beverage Control Grant Assistance Program, approving the grant budget, appropriating these funds to the Police Department; and authorization for the City Manager, or designee, to execute all related grant documents
Approved: 5-0
Resolution No. 23-R0668-1
16. City Council: Adoption of a resolution approving the extension the agreement with the County of San Diego, in the amount of $68,000, for the 2023 Regional Realignment Response Group; approval of the expenditure plan; appropriation of these funds to the Police Department; and authorization for the City Manager, or designee, to execute the agreement and all other required documents Action Minutes of Council, HDB, CDC & OPFA 9/27/2023 5 Approved: 5-0
Resolution No. 23-R0669-1
17. City Council: Acceptance of $162,399 in grant funds from California State Library, awarded to the City for literacy services provided to adults and families of adults, approval of two new hourly extra help Library Associate II positions, and appropriation of these funds to the Library Department Approved: 5-0
18. City Council: Authorization for the use of remaining bond proceeds from the 2019 Lease Revenue Bonds (El Corazon Aquatics Center Project) to fund Slurry Seal and Overlay Street Repair Projects Item removed from agenda by city staff
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.
19. City Council: Approval of Amendment 1 to the Professional Services Agreement with MainStreet Oceanside, in the amount of $1,881,766, to continue management of enhanced safety and security in Downtown Oceanside for a period of 15 months; and authorization for the City Manager to execute the amendment
A) Report by Michelle Geller, Economic Development Manager B) Discussion
C) Recommendation – approve amendment
Motion: Robinson
Second: Weiss
Approved: 5-0
Document No. 23-D0670-1
20. City Council: Introduction of an Ordinance amending Oceanside City Code Chapter 2, Sections
2.1.64(g) and 2.1.65 to provide for Mayor Appointments to Regional Boards and Commissions and the Deputy Mayor position at the second meeting in December
A) Report by John Mullen, City Attorney
B) Discussion
C) Recommendation – introduce ordinance
Motion: Sanchez
Second: Joyce
Approved: 5-0
Ordinance Introduced
Action Minutes of Council, HDB, CDC & OPFA 9/27/2023 6 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.
None.
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.
21. Advance written request to reserve time to speak:
a. Joseph Marchese – Public Rail & Transit Center
b. Patti K – Role of Government
22. Communications from the public regarding items not on this agenda 20 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
23. Request by Deputy Mayor Keim and Councilmember Weiss to send a letter, signed by each member of the City Council, advocating for local control to Governor Newsom and the California State Legislature
Request given
Letter signed by Sanchez, Keim, Robinson, and Weiss
Document No. 23-D0671-1
GENERAL COUNCILMEMBER COMMENTS
Comments made
Action Minutes of Council, HDB, CDC & OPFA 9/27/2023 7
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 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 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.
24. City Council: Adoption of an ordinance amending Chapter 35 of Oceanside City Code to exempt for-hire vehicles regulated by MTS from the requirement to obtain a City certificate (Introduced September 13, 2023, 5-0)
Motion: Sanchez
Second: Weiss
Approved: 5-0
Ordinance No. 23-OR0672-1
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, October 4, 2023.
Meeting adjourned at 6:24 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro
City Clerk, City of Oceanside