Action Minutes of Council, HDB, CDC & OPFA 1 11/1/2023
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MEETING AGENDA
November 1, 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 11/1/2023
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
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (SECTION 54956.8)
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: City -owned property located at 928 -30 North Coast Highway (APN: 147 -020-39); Negotiating Parties: City of Oceanside and Oceanside Chamber of Commerce; 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 – Mel Vernon, Tribal Captain, San Luis Band of Mission Indians PLEDGE OF ALLEGIANCE – Councilmember Weiss
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of National Native American Heritage Month 2023, with San Luis Rey Band of Mission Indians
Proclamation given
Presentation of City & County Personnel Association's (CCPA) Kevin Powell Award for Excellence in Human Resources to City of Oceanside, Human Resources Department Presentation given
CLOSED SESSION REPORT
3. Closed Session report by City Attorney
Action Minutes of Council, HDB, CDC & OPFA 3 11/1/2023
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 4-14
Motion: Keim
Second: Weiss
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 October 11, 2023 Workshop Meeting and the October 18, 2023 Regular Meeting
Approved: 5-0
6. City Council: Approval of a purchase order to GE Current, in the amount of $79,795, for Lightgrid Hosting Services; appropriation of $32,935 from the Lighting District Restricted Fund balance; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
7. City Council: Approval of a purchase order to CDW Government, in the amount of $215,109, for the purchase of the Darktrace/Email Threat Detection Platform; appropriation of $71,703 from the Information Services Reserve fund; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order
Approved: 5-0
8. City Council: Approval of a purchase order to DXP Enterprises, in the amount of $34,588, for spare Return Activated Sludge pump parts and raw sludge pump pressure switches; approv al of the procurement as a sole source; and authoriz ation for the Financial Services Director, or desi gnee, to execute the purchase order
Approved: 5-0
9. City Council: Approval of a purchase order to Xylem Dewatering Solutions, Inc., in the amount of $16,740, for repairs to one Godwin eight-inch pump; 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
10. City Council: Approval of the construction changes listed in Contract Change Order Nos. 13 thru 17 to the Public Works Agreement with ATP General Engineeri ng Contractors for the Slurry Seal and Overlay project in the amount of $209,080, for a total revised contract amount of $14,853,263; and authorization for the City Engineer to execute the Contract Change Orders Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 4 11/1/2023
Document No. 23-D0738-1
Document No. 23-D0739-1
Document No. 23-D0740-1
Document No. 23-D0741-1
Document No. 23-D0742-1
11. City Council: Approval of Change Order 6 to the Public Works Agreement with GSE Construction Co., Inc., in the amount of $468,514 for a total contract amount of $2,171,974, to complete additional repairs needed on the Primary Digester; approval of Amendmen t 1 with Butier Engineering, Inc., in the amount of $112,200 for a total contract amount of $340,187, for additional construction management and inspection services; authorization for the City Engineer to execute the change order; and authorization for the City Manager, or his designee, to execute the amendment
Approved: 5-0
Document No. 23-D0743-1
Document No. 23-D0744-1
12. City Council: Approval of Amendment 1 to the Property Use Agreement with North County Lifeline for a portion of the “Americanization School” building located at 1210 Division Street, extending the terms of the Agreement for a period of five years for the purpose of providing the Crown Heights after -school programs, and youth related services and activities to the residents of Oceanside; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 23-D0745-1
13. City Council: Acceptance of $310,000 in grant funds from the State of California Office of Traffic Safety for the Se lective Traffic Enforcement Program 2023 -2024; approval of the grant budget; appropriation of the funds to the Police Department; and authoriz ation for the City Manager, or designee, to execute all related grant documents
Approved: 5-0
14. HDB: Adoption of a resolution authorizing the Harbor District Board to accept a California Department of Parks and Recreation, Boating and Waterways Division grant, in the amount of $36,000, for the removal and disposal of abandoned, wrecked or dismantled vessels, or part s thereof, or any other partially submerged objects; appropriation of the funds to the Public Works Department approval of the grant agreement which requires the City to match ten percent or $3,600 of the grant funds; and authorization for the Administrative Officer to execute all necessary grant documents
Approved: 5-0
Resolution No. 23-R0746-2
Action Minutes of Council, HDB, CDC & OPFA 5 11/1/2023
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.
15. City Council: Introduction of an ordinance amending Oceanside City Code Chapter 2, Sections
2.1.26(b), 2.1.27(d) and 2.1.38(d) to allow organized presentations by members of the public at City Council meetings subject to specific requirements
A) Report by John Mullen, City Attorney
B) Discussion
C) Recommendation – introduce ordinance
Motion: Keim
Second: Robinson
Approved: 5-0
Ordinance introduced
16. City Council: Introduction of an ordinance to amend Oceanside City Code 2.52 to exempt the proposed Energy Conservation Project from the voter approval requirement under uncodified Ordinance 84-19
A) Report by Robert O’Brien, Deputy City Manager
B) Discussion
C) Recommendation – introduce ordinance
Motion: Joyce
Second: Robinson
Approved: 5-0
Ordinance introduced
17. City Council: Receipt of a presentation on the proposed storefront cannabis retail license (“Type 10”) program and provide staff direction on the proposed recommendations
A) Report by Darlene Nicandro, Development Services Director B) Discussion
C) Recommendation – receive presentation and direct staff Motion to approve staff recommendation for Zoning and
Location Criteria: Weiss
Second: Joyce
Approved: 4-1 (Sanchez- No)
Action Minutes of Council, HDB, CDC & OPFA 6 11/1/2023
Motion to approve staff recommendation for License
Deadlines, Policy Implementation, and Tax Structure: Weiss Second: Joyce
Approved: 5-0
With regard to recommendation 2.A, Motion to direct staff to evaluate the Application, Evaluation Criteria, Scoring, and Selection Process with the selected City cannabis consultant to develop a weighted lottery to include points for Oceanside licensed cannabis business. With regard to recommend 2.B, motion to allow the permitted Type 9 licensee to convert to a Type 10 license which must be consistent with the approved criteria, and eliminate the potential for a second Type 9 license: Weiss
Second: Joyce
Approved: 4-1 (Sanchez-No)
18. City Council: Approval of a Master Lease Agreement with Enterprise Fleet Management, Inc. for the leasing, purchasing, and sale of vehicles for the Police Department ; approval of a purchase order, in an amount not to exceed $2, 200,000 per fiscal year ; appropriation of $2,200,000 f rom the Fleet Fund to the Enterprise Fleet Management account; authorization for the Financial Services Director, or designee, to execute the purchase order ; and authorization for the City Manager to execute the agreement
A) Report by John McKean, Police Captain
B) Discussion
C) Recommendation – approve agreement and purchase order Motion: Keim
Second: Weiss
Approved: 5-0
Document No. 23-D0747-1
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: Adoption of a resolution continuing the temporary closure of Lagoon View Drive while reserving access solely for emergency response vehicles and various maintenance activities A) Mayor opens public hearing
Action Minutes of Council, HDB, CDC & OPFA 7 11/1/2023
B) Mayor requests disclosure of Councilmember and constituent contacts and correspondence C) Clerk presents correspondence and/or petitions
D) Testimony beginning with Brian Thomas, City Engineer E) Recommendation – adopt resolution
Motion: Keim
Second: Weiss
Approved: 5-0
Resolution No. 23-R0748-1
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.
20. Advance written request to reserve time to speak:
a. Robert Ashton – Help needed from California Coastal Commission for Oceanside’s beaches b. Arleen Hammerschmidt – Implementing 3rd party consultant’s recommendations on fairness and equity for Parks & Rec permits
c. Save Our Streets/Samoan Cultural (Wayne Godinet) – Parks & Recreation related topics, facilities/fields permits
21. Communications from the public regarding items not on this agenda 4 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 r ead 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 approving Zone Amend ment (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 86 dwelling units per acre for mixed-use projects in the Downtown District
Action Minutes of Council, HDB, CDC & OPFA 8 11/1/2023
(Introduced October 18, 2023, 3-2 (Sanchez, Weiss – no)) Motion: Keim
Second: Robinson
Approved: 4-1 (Sanchez – No)
Ordinance No. 23-OR0749-1
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, November 15, 2023.
Adjourned at 7:38 p.m. in memory of Sherri Hedrick
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro, CMC
City Clerk, City of Oceanside