OF OCEANSID
NSIDE COAPORATED
CE
MEETING AGENDA
DIST RIC
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
CITY CLERK'S ACTION MINUTES
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
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 1 Action Minutes of Council, HDB, CDC & OPFA 12/06/2023 (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)) Fireblast Global Inc. v. City of Oceanside, San Diego Superior Court Case No. 37- 2023-0006109 CU-BC-NC
Item was discussed in closed session
5:00 P.M. - ROLL CALL - All present
INVOCATION
PLEDGE OF ALLEGIANCE - Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
CLOSED SESSION REPORT
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 through submittal of Request to Speak form prior to the commencement of this agenda item. reading only of the titles)
Motion to Approve Consent Calendar Items 4-5, 7-16
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 November 15, 2023 Regular Meeting Approved: 5-0
2 Action Minutes of Council, HDB, CDC & OPFA 12/06/2023
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; approval of a Change Order with Pestgon, in the amount of $20,000, for additional fumigation and pest control services; and authorization for the Financial Services Director, or designee, to execute the purchase orders upon receipt of all supporting documents
Item removed for discussion by member of the public
Motion: Sanchez
Second: Robinson
Approved: 5-0
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
Approved: 5-0
Document No. 23-D0782-1
City Council: Approval of a purchase order to DXP Enterprises, in the amount of $14,349, for four Chemical Transfer Pump Rebuild Kits; 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
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; appropriation of $250,517 from the Information Services Reserve fund; and authorization for the Financial Services Director, or designee, to execute the purchase order
Approved: 5-0
10. City Council: Approval of Amendment 4 to the Professional Services Agreement with Data Ticket, Inc. in an estimated amount of $340,020, for a revised contract amount of $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
Approved: 5-0
Document No. 23-D0783-1
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 Approved: 5-0
Document No. 23-D0784-1
Action Minutes of Council, HDB, CDC & OPFA 12/06/2023
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 authorization for the City Manager to execute the agreement upon receipt of all supporting documents Approved: 5-0
Document No. 23-D0785-1
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; appropriation of the funds to the grant account; approval of Amendment 1 to the Professional Services Agreement 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 Item was pulled by staff
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 appropriation of these funds to the Library Department
Approved: 5-0
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; approval of a contingency in the amount of $20,000; authorization for the Financial Services Director to execute the purchase order; and authorization for the City Manager, or designee, to execute the agreement upon receipt of all supporting Approved: 5-0
Document No. 23-D0788-1
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 authorization for the City Clerk to record the Final Map with the San Diego County Recorder
Approved: 5-0
Resolution No. 23-R0789-1
17. City Council: Approval of the revisions to the Community Relations Commission By-Laws and the 2023-2025 Community Relations Commission Workplan
Item removed for discussion by Councilmember Weiss
Motion: Weiss
Second: Sanchez
Approved: 5-0
4 Action Minutes of Council, HDB, CDC & OPFA 12/06/2023
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.
18. City Council: Approval of Amendment 1 to the Progressive Design Build Agreement with Joint Venture of Orion Construction Corp. and TC Construction Company, 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
Motion: Joyce
Second: Robinson
Approved: 5-0
Document No. 23-D0790-1
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/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 approval of a temporary cap of the rent paid by the Harbor to the City at $840,000 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
Motion: Sanchez
Second: Robinson
Approved: 5-0
Resolution No. 23-R0791-1
5 Action Minutes of Council, HDB, CDC & OPFA 12/06/2023
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
Motion: Weiss
Second: Robinson
Approved: 5-0
Resolution No. 23-R0792-1
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 project 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
Motion to approve staff's recommendation: Joyce
Second: Sanchez
Motion failed: 2-3 (Keim, Robinson, Weiss - No)
Motion to raise the threshold from three to ten where
inclusionary is required, the requirement to reserve housing for low and/or moderate-income households would stay at 10% city-wide with the exception of the smart and
sustainable corridors which would be raised to 20%, and the other two staff recommendations: Weiss
Second: Keim
Action Minutes of Council, HDB, CDC & OPFA 12/06/2023
Approved: 5-0
Ordinance Introduced
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.
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 10 speakers
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 flagpole 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 Motion to amend the recommendation to include a policy for government speech for flying the pride flag during Pride Month: Joyce
Second: Sanchez
Motion failed: 2-2 (Robinson, Weiss - No; Keim - Abstain) Motion to amend the recommendation to include policy for adding an additional separate flag pole for government
speech that would allow commemorative flags to be flown:
Sanchez
Second: Joyce
Motion failed: 2-3 (Keim, Robinson, Weiss - No)
Motion to direct staff: Robinson
Second: Weiss
Motion failed: 2-3 (Sanchez, Keim, Joyce - No)
Action Minutes of Council, HDB, CDC & OPFA 12/06/2023
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 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)
Motion: Weiss
Second: Robinson
Approved: 5-0
Ordinance No. 23-OR0793-1
Ordinance No. 23-OR0794-1
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, December 20, 2023.
Adjourned at 11:03 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA:
Zeb Navarro, CMC
City Clerk, City of Oceanside
8 Action Minutes of Council, HDB, CDC & OPFA 12/06/2023