Action Minutes of Council, HDB, CDC & OPFA 1 10/04/2023
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MEETING AGENDA
October 4, 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 – Mayor Sanchez 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)
Action Minutes of Council, HDB, CDC & OPFA 10/04/2023
2 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
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. Fireblast v. City of Oceanside (San Diego Superior Court Case No. : 37-2023- 00036109)
2. Rasoul v. City of Oceanside, et al. (San Diego Superior Court Case No.: 37 -2022- 00035016)
3. Paul v. City of Oceanside, Workers Compensation Claim No. 22-167422 Item 2 (a)1 was continued to next council meeting
Items 2(a)2 and 2(a)3 were discussed in closed session
5:00 P.M. – ROLL CALL – Mayor Sanchez absent
INVOCATION – Father Rey Evangelista, St. Mary, Star of the Sea Church PLEDGE OF ALLEGIANCE – Councilmember Robinson
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of Filipino American History Month
Presentation of Latino Community Leadership Awards
Proclamations continued to next meeting
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)
Motion to Approve Consent Calendar Items 4-13, 15-17
Action Minutes of Council, HDB, CDC & OPFA 10/04/2023
3 Motion: Robinson
Second: Weiss
Approved: 4-0
5. City Council: Approval of a purchase order to Cart Mart, Inc., in the amount of $61,176, for the purchase of three Utility Carts for the Water Utilities Department; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 4-0
6. City Council: Approval of the construction changes listed in Contract Change Order (CCO) No. 1 to the Public Works Agreement with Charles Doherty Concrete for the Community Development Block Grant – Crown Heights American with Disabilities Act Pedestrian Ramps Project, in the amount of $38,091 for a total revised contract amount of $177,051; and authoriz ation for the City Engineer to execute the CCO
Approved: 4-0
Document No. 23-D0686-1
7. City Council: Approval of Amendment 1 to the Professional Services Agreement with Alta Planning + Design, Inc., in the amount of $19,720, for a total contract amount of $342,113, for the preparation of a feasibility study to include a multi -use trail from Morse Street/Broadway Street intersection on the eastern side of the North Coast Transit District (NCTD) right of way to the current trail that connects Buccaneer Beach Park unde r the NCTD rail line to Coast Highway; and authorization for the City Manager to execute the amendment Approved: 4-0
Document No. 23-D0687-1
8. City Council: Approval of Amendment 1 to the Professional Services Agreement with MKN, in the amount of $19,288, for a total contract amount of $78,277, for planning and engineering services of the Land Outfall Alternatives Analysis; and authoriz ation for the City Manager, or designee, to execute the amendment
Approved: 4-0
Document No. 23-D0688-1
9. City Council: Approval of Amendment 2 to the Professional Services Agreement with GHD, Inc., in an amount not to exceed $757,537, for a total contract amount of $3,180,177, to provide design services for additional facility components of the Mission Basin Groundwater Purificat ion Facility Well Expansion and Brine Minimization Phase 1 Project; and authorization for the City Manager, or his designee, to execute the Amendment
Approved: 4-0
Document No. 23-D0689-1
10. HDB: Approval of Amendment 4 to the Percentage Property Lease Agreem ent between the Oceanside Small Craft Harbor District and Bill Middleton & Sean D. White, dba Breakwater Yacht Sales, for the premises at 1351 Harbor Drive North, Suite B, and adjacent concrete slab, extending the term of the agreement from December 1, 202 3, through November 30, 2025, for a two -year minimum total revenue of $96,752; and authorization for the Administrative Officer to execute the amendment
Approved: 4-0
Action Minutes of Council, HDB, CDC & OPFA 10/04/2023
4 Document No. 23-D0690-2
11. City Council: Award of a two-year Professional Services Agreement with MSW Consultants, in the amount of $199,090 per year for a total contract amount not to exceed $398,180, for as -needed solid waste, recycling, and organics consulting services; approv al of Amendment 2 with HF &H Consultants, LLC, in the amount of $46,600 , for a total contract amount not to exceed $946,265 , for miscellaneous solid waste, recycling and organic consulting services; and authoriz ation for the City Manager, or designee, to execute the agreement and amendment Approved: 4-0
Document No. 23-D0691-1
Document No. 23-D0692-1
12. City Council: Acceptance of $140,000 in grant funds from the County of San Diego Neighborhood Reinvestment Program for Fire Department equipment; appropriat ion of these funds to the Fire Department; appropriation of these funds to the grant fund; authorization for the City Manager, or designee, to execute all related grant documents; and, authoriz ation for the Financial Services Director, or designee, to execute th e associated purchase order in the amount of $140,775 to Western Extrication Specialists, Inc.
Approved: 4-0
Document No. 23-D0693-1
13. City Council: Adoption of a resolution authorizing the City to accept a California Department of Transportation Sustainable Transportation Planning grant, in the amount of $438,471, to conduct the Oceanside Inland Rail Multimodal Path Feasibility Study; appropriation of $56,809 from the SB1 fund to the City match account ; and authorization for the City Manager to execute all n ecessary grant documents
Approved: 4-0
Resolution No. 23-R0694-1
14. City Council: Acceptance of a donation, in the amount of $200,000, from the North River Farms Project Owner, LLC and appropriation of these funds to the Emergency Evacuation account Item pulled for discussion by member of the public
Motion: Weiss
Second: Joyce
Approved: 4-0
Document No. 23-D0695-1
15. City Council: Authorization for the City Engineer to execute a Contract Change Order to Rancho Del Oro Landscape & Maintenance for up to $20,000 for irrigation repairs at Melba Bishop for a total revised contract amount of $31,800 and appropriat ion of $30,000 from the Parks Fees Fund for project contingencies and staff time
Approved: 4-0
Document No. 23-D0696-1
16. 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 Approved: 4-0
Action Minutes of Council, HDB, CDC & OPFA 10/04/2023
5 17. City Council: Approval and adoption of the revised City of Oceanside Salary Schedule retroactively effective September 17, 2023
Approved: 4-0
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.
18. City Council/HDB/CDC/OPFA: Adoption of resolutions establishing the 2024 meeting schedule dates and times for regular meetings of the City Council, Small Craft Harbor District Board, Community Development Commission, and Oceanside Public Financing Authority; introduction of an ordinance to amend Section 2.1.27 of the Oceanside City Code to maintain the ability of members of the public to address the City Council on non -agenda items for up to three minutes and remove the option to file advance written requests to speak on non -agenda items with the City Manager’s office; adoption of revised City Council Policy 100 -03 concerning public communications on off - agenda items to ensure consistency with the proposed ordinance
A) Report by Michael Gossman, Assistant City Manager
B) Discussion
C) Recommendation – adopt resolutions, introduce ordinance, and adopt revised policy Item continued to next meeting
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.
19. City Council /CDC: Introduction of an ordinance and adoption of a resolution approving Zone Amendment (ZA22-00002) and Local Coastal Program Amendment (LCPA22-00002) approving amendments to Article 12 D-Downtown District – of the Zoning Ordinance to establish a maximum density of 100 dwelling units per acre for mixed-use projects in the Downtown District and an enhanced density bonus schedule for Very Low -Income, Low -Income, and Moderate -Income dwelling units. The proposed pr oject is exempt from CEQA per Article 5, Section 15061(b)(3), under the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. – Applicant: City of Oceanside 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 Manuel Baeza, Principal Planner E) Recommendation – adopt resolution and introduce ordinance Action Minutes of Council, HDB, CDC & OPFA 10/04/2023
6 Motion to set density cap at 85 and leave density bonus alone: Joyce
Motion died for lack of a second
Motion to strike 100 units per acre and replace with 85 units per acre under Section 1232D – District Property but with the remaining sections of Section 1234 remaining the same as recommended by staff: Weiss
Second: Robinson
No action: 2-2 (Keim, Joyce – No; Per Municipal Code Section
2.1.34, item defaults to next meeting and will be agendized for the next meeting)
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 know n 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.
20. Advance written request to reserve time to speak:
a. James E. Johnson Jr. – Parking of Oversized Vehicles
21. Communications from the public regarding items not on this agenda 9 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 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.
22. City Council: Adoption 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 Action Minutes of Council, HDB, CDC & OPFA 10/04/2023
7 (Introduced September 27, 2023, 5-0)
Motion: Keim
Second: Weiss
Approved: 4-0
Ordinance No. 23-OR0697-1
ADJOURNMENT
Adjourn to a Mayor/Council Workshop at 2:00 p.m. on October 11, 2023 to make Planning Commission appointments.
Meeting adjourned at 6:56 p.m. in memory of Jensen Hughes
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
_____
Zeb Navarro
City Clerk, City of Oceanside