F
CITY OF OCEANSIDE
AGENDA
Joint Meetings of the Oceanside City Council,
Oceanside Small Craft Harbor District Board of Directors, Oceanside Community Development Commission, and
Oceanside Public Financing Authority
Information for the December 6, 2023 City Council Meeting Members of the public have the option to watch the meeting on KOCT Cox Channel 19 (live streaming service available at www.koct.org/channel-19) or watch via Zoom or attend in person.
Zoom Information:
To watch the meeting via Zoom please use the URL below. Please note that this is for viewing only; if you wish to make comments on any of the items in the agenda you must attend in person.
https://us02web.zoom.us/j/89601148809?pwd=S1I3MytlaTQ5VDRReUx4bEh5UTY4QT0 9 Zoom Meeting ID: 896 0114 8809
Passcode: 249647
Phone Information:
To join the meeting by phone, dial 669-900-9128.
Zoom Meeting ID: 896 0114 8809
Passcode: 249647
If you wish to provide a comment to the City Council, but are not interested in speaking during the meeting, you may email your comments to the City Clerk ([email protected]). All comments must be sent via email by 4 PM on the day of the meeting. All timely received comments will be provided to the City Council prior to the meeting and made a part of the record of the meeting. Please note that these comments will not be read aloud during the meeting.
F
CITY OF OCEANSIDE
AGENDA
Joint Meetings of the Oceanside City Council,
Oceanside Small Craft Harbor District Board of Directors, Oceanside Community Development Commission, and
Oceanside Public Financing Authority
Wednesday, December 6, 2023
City Council Chambers
300 North Coast Highway, Oceanside, California 92054
3:30 p.m. Call to order and commence Closed Session
5:00 p.m. City Council/Harbor District Board of Directors (HDB)/ Community Development Commission (CDC)/Oceanside
Public Financing Authority (OPFA) Regular Business
6:00 p.m. Commence Public Hearings, if applicable
Mayor City Clerk
HDB President HDB Secretary
CDC Chair CDC Secretary
OPFA Chair
Esther Sanchez
OPFA Secretary
Zeb Navarro
Deputy Mayor City Treasurer/HDB/CDC/OPFA Treasurer
HDB Vice President Victor Roy
CDC Vice Chair
OPFA Vice Chair
Ryan Keim
City Manager
HDB Administrative Officer
CDC Executive Director
Councilmembers
HDB Directors
CDC Commissioners
OPFA Directors
OPFA Executive Director
Jonathan Borrego
City Attorney
Eric Joyce HDB Attorney
Rick Robinson CDC General Counsel
Peter Weiss OPFA General Counsel
John P. Mullen
The Mayor and City Council also serve as the Small Craft Harbor District Board of Directors, the Community Development Commission, and the Oceanside Public Financing Authority
MEETING AGENDA
December 6, 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
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
2 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 Global Inc. v. City of Oceanside, San Diego Superior Court Case No. 37 - 2023-0006109 CU-BC-NC
5:00 P.M. – ROLL CALL
INVOCATION – Pastor George Bailey, Shiloh Church Oceanside
PLEDGE OF ALLEGIANCE
PROCLAMATIONS AND PRESENTATIONS
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 intro duced after a reading only of the title(s)
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 November 15, 2023 Regular Meeting
6. City Council: Approval of a Change Order with Southcoast Heating & Air Conditioning, L.P., in the amount of $110,425, for additional HVAC installations at the John Landes Recreation Center and Oceanside Police Department; approval of a Change Order with HCI Systems, Inc., in the amount of $31,605, for additional repair and fire suppression services at the Oceanside Police Department and various other City buildings; approv al of a Change Order with Pestgon, in the amount of $20,000, for additional fumigation and pest control services; and authoriz ation for the Financial Services Director, or designee, to execute the purchase orders upon receipt of all supporting documents
7. City Council: Approval of a change order with Core & Main, LP, in the amount of $100,000, to an existing purchase order for a total purchase order amount not to exceed $475,000, for the purchase of fire hydrants; and authorization for the Financial Services Director, or designee, to execute the change order
3 8. City Council: Approval of a purchase order to DXP Enterprises, in the amount of $14,349, for four Chemical Transfer Pump Rebuild Kits; approv al of the procurement as a sole source; and authorization for the Financial Services Director, or designee, to execute the purchase order
9. City Council: Approval of a purchase order to Dell Marketing LP (Dell), in the amount of $250,517, for the purchase of three data storage units; appropriat ion of $250,517 from the Information Services Reserve fund; and authorization for the Financial Services Director, or designee, to execute the purchase order
10. City Council: Approval of Amendment 4 to the Professional Services Agreement with Data Ticket, Inc. in an estimated amount of $3 40,020, for a revised contract amount o f $1,558,798 extending the term for one year for parking citation and parking permit issuance, processing, collection, and annual handheld support and airtime services; and authorization for the City Manager to execute the amendment
11. City Council: Approval of of a Professional Services Agreement with Invicta Security CA Corporation dba AllState Security to provide City facility security guard and patrol services for a two -year term from January 1, 2024 through December 31, 2025, for a total cost of $868,940; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
12. City Council : Approval of a Professional Services Agreement with Rancho Santa Fe Security Systems, Inc. to provide City facility security alarm system monitoring services for a two-year term from January 1, 2024 through December 31, 2025, for a total cost of $55,080; and authoriz ation for the City Manager to execute the agreement upon receipt of all supporting documents
13. City Council: Adoption of a resolution authorizing the City to accept a U.S. Fish and Wildlife Service Coastal Program grant, in the amount of $56,876, to support the installation and monitoring of the Oceanside Coastal Dune Restoration Project; appropriat ion of the funds to the grant accou nt; approval of Amendment 1 to the Professional Services Agreemen t with Rincon Consultants, Inc., in the amount of $62,711 plus 10% contingency, for a total agreement amount not to exceed $84,501; and authorization for the City Manager to execute all necessary documents
14. City Council: Acceptance of $46,548 in grant funds from California State Library, awarded to the City to support Lunch at the Library Partner Project at food pantry distribution community sites during fall/winter 2023 and spring 2024; and ap propriation of these funds to the Library Department
15. City Council: Award of a Public Works Agreement and purchase order, in the amount of $461,592, to HMS Construction, Inc., for the rectangular rapid flashing beacons and light emitting diodes stop signs traffic signal improvement project; approv al of a contingency in the amount of $20,000; authorization for the Financial Services Director to execute the purchase order; and authoriz ation for the City Manager , or designee, to execute the agreement upon receipt of all supp orting documents
16. City Council: Adoption of a resolution approving Final Map No. T16 -00002 for the proposed North River Farms project, consisting of a 429 -lot subdivision development of 395 single -family homes, commercial area, a fire station, agricultural land, and open space on a 176.6-acre parcel located in the northeastern portion of the City at the western entry of the region known as South Morro Hills, along both sides of North River Road; and authoriz ation for the City Clerk to record the Final Map with the San Diego County Recorder
17. City Council: Approval of the revisions to the Community Relations Commission By -Laws and the 2023-2025 Community Relations Commission Workplan
4 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 : Approval of Amendment 1 to the Progressive Design Build Agreement with Joint Venture of Orion Construction Corp. and TC Construction Co mpany, Inc., in the amount of $3,926,166 for a total contract amount not to exceed $11,446,280, for the Oceanside Mesa Garrison Force Main, El Corazon Lift Station, Mission Avenue Force Main Replacement, and Land Outfall Replacement Project; approval of a change order contingency in the amount of $392,616; and authorization for the City Manager, or his designee, to execute the amendment
A) Report by Mabel Uyeda, Principal Water Engineer
B) Discussion
C) Recommendation – approve amendment
6:00 P.M.
PUBLIC HEARING ITEMS
Public hearing items are “time -certain” and are heard beginning at 6:00 p.m. Due t o 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/HDB: Adoption of a resolution setting new slip rental rate fees in the Oceanside Harbor; approval of the installation of utility meters for water and electricity at all slips; and approv al of a temporary cap of the rent paid by the Harbor to the City at $84 0,000 per year, this cap will be in place for 15 years or until $2.4 million has been collected, whichever occurs first 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 Hamid Bahadori, Public Works Director E) Recommendation – adopt resolution, approve installation of meters, and approve temporary rent cap
20. City Council: Adoption of a Resolution upholding Planning Commission Resolution No. 2023 -P20 approving a Tentative Tract Map (T22-00007), Development Plan (D22-00018), and Density Bonus (DB22-00009) to allow the subdivision of a 3.43-acre site into 21 lots and development of 19 single- family homes for property located at 1448 Avocado Road between Dunstan and Zabyn Street. The proposed project is categorically exempt pursuant to Article 19, Section 15332, “In-fill Development Projects” Class 32 of the California Environmental Quality Act – Avocado Road Residential – Applicant: 1448 Avocado LLC., Thomas St. Clair; Appellant: Leslie Rush 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) Testimony of Appellant, if requested
F) Testimony of Applicant, if requested
G) Recommendation – adopt resolution
5 21. City Council: Introduction of an ordinance to amend Chapter 14C of the Oceanside City Code to:
1) Increase the requirement to reserve housing for low and/or moderate-income households from 10 percent to 15 percent, with the exception of new residential projects developed within the Residential Single Family (RS) or Residential Estate (RE) districts; 2) Require that reserved units within a multifamily residential project provide for a proportionate unit mix, based on bedroom count, as market rate units, be dispersed throughout the residential project, and have access to the same amenities as market units; and, 3) Clarify the use of Accessory Dwelling Units as an alternative housing type that may be incorporated into a residential pro ject in satisfaction of the inclusionary housing requirement
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 Leilani Hines, Housing and Neighborhood Services Director E) Recommendation – introduce ordinance
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 th at 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.
22. Advance written request to reserve time to speak:
a. Ken Leighton – Noting and appreciating Council reps who make an important step in supporting citizens
23. Communications from the public regarding items not on this agenda
MAYOR AND/OR COUNCILMEMBER ITEMS
24. Request by Councilmember Robinson and Councilmember Weiss that staff develop a policy for the display of flags on City flagpoles and City buildings. The policy shall provide for the honorable display of the Flag of the United States, the State of California, and the City of Oceanside.
Additionally, the POW/MIA Flag shall be permitted at the main fl agpole at the City Hall complex.
Flags dedicated for the purpose of mourning the loss of police officers, firefighters and lifeguards shall also be permitted to be flown on public safety facilities, at the direction of the City Manager
GENERAL COUNCILMEMBER COMMENTS
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.
6 25. City Council: Adoption of ordinances amending Chapters 29 and 37 of the City Code establishing wastewater user rate increases and water user rate and external water provider charge increases (Introduced on November 15, 2023, 5-0)
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, December 20, 2023. ii
INFORMATION TO THE PUBLIC CONCERNING THE CITY COUNCIL/
HARBOR DISTRICT BOARD OF DIRECTORS (HDB)/
COMMUNITY DEVELOPMENT COMMISSION (CDC)/
OCEANSIDE PUBLIC FINANCING AUTHORITY (OPFA) MEETING
1. GENERAL INSTRUCTIONS TO PERSONS WISHING TO ADDRESS THE CITY
COUNCIL/HDB/CDC/OPFA
A. Request to Speak Submittals – Individuals wishing to address the City Council/HDB/CDC/OPFA on matters on the agenda other than Public Hearing items must sign up to sp eak at the Speaker Kiosk (iPad) or submit a “Request to Speak ” form in person to the City Clerk.
You may request to speak at any time following the start of the meeting, but the request must be submitted prior to the initiation of the portion of the age nda containing the item you wish to address (e.g., Consent Calendar, Public Communications, General Items).
When the presiding officer invites public input , the City Clerk will call the names of those who submitted requests to speak which will also appear on the screen . As your name is called and appears on the screen, please approach either of the public podiums.
B. Addressing the City Council/HDB/CDC /OPFA – The presiding officer may request that e ach person addressing the City Council/HDB/CDC /OPFA state their name for the record and state if they represent an organization or other persons. All remarks shall be addressed to the governing body as a whole. Questions shall not be asked of the governing body or staff without obtaining permission from the presid ing officer. Visual aids (slides and photographs, etc.) may be used as part of your presentation but must be confined within the time allowed per speaker. Hard copies of the presentation materials may be provided to the City Clerk for distribution to the Council at the meeting.
No flash drives may be utilized on City-owned devices. PowerPoint presentations and other materials to be presented electronically must be emailed to the City by 10:00 a.m. the Wednesday one week prior to the Council meeting. The file size may not exceed 5mb and should be emailed to: [email protected]
C. Time Limits for Speakers – There is a 3 -minute limit for all persons addressing the City Council/HDB/CDC/OPFA, excep t as noted below. Speakers may not cede their time to another speaker. There is a series of three lights at each speaker’s podium. When the speaker begins, the green light is lit. When only one minute remains for speaking, the yellow light appears. Thi s indicates that it is time for the speaker to conclude his or her comments. When the speaker time has expired, a red flashing light will appear.
D. Written Communications Concerning Matters on the Agenda – Written comments or correspondence on agenda ite ms received at least 4 hours prior to the beginning of the meeting will be distributed to the City Council/HDB/CDC /OPFA and made part of the record. It is their policy, however, that such correspondence shall not be read aloud at the meeting. Any corresp ondence should be mailed or delivered to the City Clerk, as well as the Mayor and City Council, City of Oceanside, 300 N. Coast Highway, Oceanside, CA 92054, or emailed to [email protected]
E. Lobbyist Registration – If you are speaking before Council to try to influence a municipal decision and you are being paid to represent a client in the matter, you may need to register as a lobbyist and identify yourself as such before the City Council. See th e City Clerk’s information about lobbying or review Chapter 16C of the City Code. Both can be found on the City’s Web site at www.ci.oceanside.ca.us.
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2. PUBLIC HEARING ITEMS
Certain actions of the City Council/HDB/CDC/OPFA require public hearings. These can include land use and zoning matters, nuisance abatements , and items concerning bond financing . Public hearings typically involve a staff presentation, followed by testimony by the appellant(s) and applicant(s), where applicable. Following that, public testimony is invited.
Persons who wish to testify on a public hearing item do NOT need to fill out a “Request to Speak” form. After the hearing is opened for public testimony, the presiding officer will invite speakers to the podium. Each individual is limited to speak for no more than three minutes. If multiple speakers are present, however, the time allotted per speaker may be less than three minutes in order to accommodate everyone wishing to speak.
Where applicable, public hearing applicants and appellants will each be given 20 minutes total time to speak, including rebuttal. In cases where there are multiple applicants and/or appellants, a total of 30 minutes for all appellants and 30 minutes time for all applicants will be allowed. In such cases, the time will be divided equally, unless otherwise divided by mutual consent of the applicants or appellants.
Public Hearing items are “time -certain” and are heard beginning at 6:00 p.m., regardless of ho w far the City Council has progressed with its other agenda items.
Due to the time -certain requirement, other items may be taken out of order on the agenda to accommodate the public hearing schedule.
3. PUBLIC COMMUNICATIONS
These are items on each meet ing agenda for members of the public to speak regarding matters within the jurisdiction of the City Council/HDB/CDC /OPFA, but not otherwise already on the agenda. Requests to speak may be initiated either in writing in advance to the City Manager’s Office or by submitting a “Request to Speak” slip as specified in Section 1A above. Each speaker will be allowed up to 3 minutes to speak. Priority will be given to speakers in the order the requests to speak were received . The presiding officer may hear non -agenda items at any time after the 5:00 p.m. meeting is called to order.
A. Advance Written Request to Speak must be received by the City Manager’s office no later than 10:00 a.m., the Wednesday prior to the meeting.
B. Communications on Matters not on the Agenda require applicants to complete a request to speak slip pursuant to Section 1A above.
4. CONSENT CALENDAR ITEMS
All items listed on the Consent Calendar are considered to be routine matters or formal documents covering previous instructions from the govern ing body. All of the items listed on the Consent Calendar may be enacted by a single vote. There will be no separate discussion of Consent Calendar items unless members of the governing body, the City staff or the public request discussion on specific Co nsent Calendar items. If a member of the public wishes to spe ak on a Consent Calendar item, a request to speak must be submitted prior to the Consent Calendar being called.
5. REGULAR MEETING SCHEDULE
Joint City Council/HDB/CDC/OPFA meetings are typically scheduled on two Wednesdays of each month and generally follow the format listed below. Agendas for specific meetings are available to the public prior to the meeting. Please see page iv, Section 7, for more details. 3:30 p.m. City Council/HDB/CDC/OPFA Closed Session
5:00 p.m. City Council/HDB/CDC/OPFA Regular Business
6:00 p.m. City Council/HDB/CDC/OPFA Public Hearings, if applicable iv
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.
Because all meetings are jointly convened, there may be business of the City Council, Harbor District Board of Directors, Community Development Commiss ion, or Oceanside Public Financing Authority conducted at any of the scheduled times. All items will clearly identify which of the four governing bodies are acting on the item.
A complete listing of regular scheduled meetings is available from the City Clerk’s office at (760) 435-3000 or on the City of Oceanside Web site at www.ci.oceanside.ca.us.
6. WORKSHOPS
From time to time the City Council may schedule a specially noticed Workshop or meeting to discuss a particular topic in greater depth than would be possible at a regular meeting. All such meetings are open to the public.
At a Workshop Meeting, the City Council may vote on any properly agendized matter, and public input is provided for on the agenda.
7. AGENDA POSTING AND AVAILABILITY
This agenda has been posted at least 72 hours prior to the meeting at the Civic Center Plaza, 300 North Coast Highway in the kiosk near the Library . The agenda, including backup reports, will be posted on the City’s Web site at www.ci.oceanside.ca.us and will be available for public review during business hours by no later than the Monday preceding the meeting at the City Clerk’s Office, Second Floor City Hall North, 300 North Coast Highway Written materials relating to an item on this agenda that are distributed to the City Council/ HDB/ CDC/OPFA within 72 hours before it is to consider the item at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office ( location above), during normal business hours. Such written materials will also be made available on the City of Oceanside’s Web site, subject to staff’s ability to post the documents before the regularly scheduled meeting .
8. AGENDA BROADCASTS ON CHANNEL 19
The regular City Council /HDB/CDC/OPFA meetings will be broadcast live on the Government Access Channel 19 by Oceanside Community Television (KOCT) and re -broadcast during the week following the meeting. Please refer to KOCT’s progr am schedule for dates and times of re-broadcasts. Videotape of this meeting is available for public reference in the Oceanside Main Library, 330 North Coast Highway.
9. ASSISTANCE TO PERSONS WITH DISABILITIES
If you have special needs because of a disabili ty which make it difficult for you to participate in the meetings, please contact the City Clerk at 300 North Coast Highway, Oceanside, CA, telephone (760) 435-3000 by noon the Monday preceding the meeting. The City of Oceanside will attempt to make arrangements to accommodate your disability.