Action Minutes of Council, HDB, CDC & OPFA 1 12/20/2023
MEETING AGENDA
December 20, 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)
Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
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. San Diego Regional Water Quality Control Board Complaint No. R9-2023-0015
2. Rawson/Dougi v. City of Oceanside et. al., San Diego Superior Court Case No. 37- 2023-00032978-CU-PO-NC
Item 2(a)1 was discussed in closed session. Item 2(a)2 was not discussed in closed session
5:00 P.M. – ROLL CALL – All present
PLEDGE OF ALLEGIANCE – Mayor Sanchez
PROCLAMATIONS AND PRESENTATIONS
Employee Service Awards
Proclamation in Honor of OPD Assistant Chief Sean Marchand, on His Retirement Proclamation in Honor of OFD Deputy Chief Pete Lawrence, on His Retirement Proclamation in Honor of OFD Medical Services Officer Lynne Seabloom, on Her Retirement Proclamation in Honor of OFD Ron Owens, Fire Safety Specialist, on His Retirement Proclamations given
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)
Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
3 Motion to Approve Consent Calendar Items 4-10, 12, 14, 16- 17, and 19
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 December 6, 2023 Regular Meeting Approved: 5-0
6. City Council: Approval of Change Order 6 to the Public Works Agreement with Granite Construction Company, in the amount of $717,388 for a total contract amount of $18,854,475, for the Lower Recycled Water Package 1 Project; and authorization for the City Engineer to execute the change order
Approved: 5-0
Document No. 23-D0810-1
7. City Council: Approval of a change order to increase an existing purchase order with Hawthorne Machinery for Caterpillar equipment repairs, in the amount of $50,000, for a revised total of $99,750; approval of a sole source for the vendor; and authorization for the Financial Services Director, or designee, to execute the change order upon receipt of all supporting documents Approved: 5-0
8. City Council: Approval of Amendment 1 to the Professional Services Agreement, with Caracal Enterprises LLC (dba VenTek International) “VenTek” in an on-going annual amount of $16,200, for pay station network online services; and authorization for the City Manager to execute the amendment
Approved: 5-0
Document No. 23-D0811-1
9. HDB: Approval of Amendment 2 to the Percentage Property Lease Agreement with Oceanside Adventures, Inc., for the premises located at 256-1 and 256-1/2 Harbor Drive South, extending the term of the agreement for a period of ten years to expire June 23, 2035; and authorization for the Administrative Officer to execute the amendment upon receipt of all supporting documents Approved: 5-0
Document No. 23-D0812-2
10. City Council: Approval of Amendment 2 to the Professional Service Agreement with Gatekeepers Security Services Inc., in an amount not to exceed $126,384, extending the term for a period of one year to January 31, 2025, for security services at the Oceanside Transit Center Parking Structure; appropriation of $126,384 from the General Fund Unassigned account to the OTC Parking Lot Maintenance account; and authorization for the City Manager to execute the amendment upon receipt of all supporting documents
Approved: 5-0
Document No. 23-D0813-1
Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
4 11. City Council: Approval of Amendment 3 to the Professional Services Agreement with LPA, Inc., in the amount of $7,500 for a revised Phase II study not-to-exceed amount of $157,250, for a revised total contract amount of $178,825, to change the Scope of Services for the Phase II portion of the study; authorization for a sole source agreement with LPA Design Studios for the completion of construction documents; and authorization for the City Manager to execute the amendment upon receipt of all documents
Item pulled for discussion by member of the public
Motion: Keim
Second: Weiss
Approved: 5-0
Document No. 23-D0814-1
12. City Council: Approval of a two-year Professional Services Agreement with Oceanside Marine Centre, Inc., in an amount not to exceed $25,000 annually, for the maintenance of the Police Safeboat, and authorize the City Manager or designee to execute the agreement Approved: 5-0
Document No. 23-D0815-1
13. City Council: Approval of two Property Use Agreements between the City and SiFi Networks Oceanside LLC, for use of a portion of City-owned land located at 110 Jones Road and a portion of El Corazon located adjacent to the southwest entrance on Oceanside Boulevard each for a 30-year term, with a combined revenue for both locations of $2,283,620; and authorization for the City Manager to execute the agreements upon receipt of all supporting documents Item pulled for discussion by members of the public
Motion to move forward with the Jones Road location and bring back the El Corazon component at a later meeting:
Weiss
Second: Joyce
Approved: 5-0
Document No. 23-D0816-1
14. City Council: Award of a Public Works Agreement (PWA) to California Constructors, in the amount of $449,560, for the proposed Library Courtyard Improvement Project; authorization for the City Engineer to execute Contract Change Orders, in the amount of $200,000, with California Constructors for a total not to exceed contract amount of $649,560; and authorization for the City Manager to execute the PWA upon receipt of all supporting documents Approved: 5-0
Document No. 23-D0818-1
15. 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 Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
5 Item pulled for discussion by members of the public
Motion: Robinson
Second: Weiss
Approved: 5-0
Resolution No. 23-R0819-1
Document No. 23-D0820-1
16. City Council: Acceptance and appropriation of $100,000 in additional grant funds from the Highway Safety Improvement Program (HSIP); approval of a purchase order to NexTech Systems, Inc., in the amount of $217,400, for City-furnished traffic signal controller switches for the proposed HSIP Traffic Signal Upgrades Project; approval of the procurement as a sole source purchase; and authorization for the Financial Services Director, or designee, to execute the purchase order Approved: 5-0
17. City Council: Adoption of a Resolution of Intention to renew the Oceanside Tourism Marketing District beginning on April 1, 2025 and ending nine years and three months from its start date Approved: 5-0
Resolution No. 23-R0821-1
18. City Council: Acceptance of the City Treasurer’s Report for the quarter ended September 30, 2023 Item pulled for discussion by Councilmember Robinson
Motion: Robinson
Second: Keim
Approved: 5-0
19. City Council: Acceptance of the first quarter Financial Status Report and approval of the budget adjustments
Approved: 5-0
20. City Council: Declaration of as surplus property one City-owned vacant parcel of land consisting of
3.02 acres located on Morro Heights Road identified as Assessor Parcel Number 122-170-42, and no longer needed for public use; and issuance of a notice of availability pursuant to the Surplus Land Act
Direction to staff to bring back at a later date
21. City Council: Approval of the attached amended Economic Development Commission by-laws to change the composition of the Commission by reducing members from the manufacturing and distribution category from three to one, increase members from the community at large from three to four and add a nonprofit category with one representative Item pulled for discussion by member of the public
Motion: Sanchez
Second: Wiess
Approved: 5-0
Document No. 23-D0822-1
Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
6 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.
22. City Council: Introduction of an ordinance amending Chapter 24 of the Municipal Code to preclude additional short-term rentals in all zoning districts outside of the City’s Coastal Zone
A) Report by Sergio Madera, City Planner
B) Discussion
C) Recommendation – introduce ordinance
Motion for staff recommendation and direct staff to
expeditiously as possible to prepare the necessary actions to ban all new, non-hosted STRs in all residential districts in the City except for the Residential Tourist Zoning District: Weiss Second: Sanchez
Approved: 5-0
Ordinance Introduced
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.
23. City Council: Adoption of a resolution certifying an Environmental Impact Report and adopting a Mitigation Monitoring and Reporting Program; Adoption of a resolution approving General Plan Amendment (GPA22-00001) to change the land use designation of APNs 122-190-19, 122-190-22, and 157-070-42 from Civic Institutional to Medium Density B Residential (MDB-R); Introduction of an ordinance for a Zone Amendment (ZA22-00003) to change the zoning designation of APNs 122- 190-19, 122-190-22, and 157-070-42 from Public/Semipublic to Planned Development; and adoption of a resolution approving a Tentative Map (T22-00005) and Development Plan (D22- 00013) to allow for the construction of a 164-unit residential development located 4991 Macario Drive – Applicant: MLC Holdings, Inc.
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 Shannon Vitale, Senior Planner E) Recommendation – adopt resolutions and introduce ordinance Motion: Robinson
Second: Sanchez
Approved: 5-0
Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
7 Resolution No. 23-R0823-1
Resolution No. 23-R0824-1
Resolution No. 23-R0825-1
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.
24. Advance written request to reserve time to speak: None
25. Communications from the public regarding items not on this agenda 8 speakers and 1 group
MAYOR AND/OR COUNCILMEMBER ITEMS
26. Request by Mayor Sanchez for annual review and appointments of Councilmembers to Boards, Commissions, and Committees
Request given (see attached list)
Motion to approve City/Harbor/CDC Boards, Commissions
and Committees appointments: Sanchez
Second: Weiss
Approved: 5-0
Motion to appoint Councilmember Joyce as Deputy Mayor:
Sanchez
Motion fails for lack of a second
Motion to appoint Councilmember Robinson as Deputy
Mayor: Sanchez
Second: Joyce
Motion failed: 2-3 (Keim, Robinson, Weiss – No)
Motion to approve appointments to regional boards and
commissions: Sanchez
Second: Joyce
Motion failed: 2-3 (Keim, Robinson, Weiss – No)
27. Request by Deputy Mayor Keim and Councilmember Weiss to make nominations to regional boards and commissions pursuant to Oceanside City Code 2.1.64(g) Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
8 Request given (see attached list)
Motion to approve Deputy Mayor Keim’s appointments to
regional boards and commissions with the change of making Councilmember Robinson as primary on North County Transit District with Councilmember Joyce as alternate: Keim
Second: Robinson
Approved: 3-2 (Sanchez, Joyce – No)
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.
28. City Council: Adoption of an ordinance to amend Chapter 14C of the Oceanside City Code to: 1.
Increase the minimum project size subject to the inclusionary requirement from three units to ten units; 2. Maintain the requirement to reserve ten percent of a project’s total units for low or moderate income households except for projects located within the Smart and Sustainable Corridors Plan where the requirement will be raised to 20 percent; 3. 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, 4. 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
(Introduced on December 6, 2023, 5-0)
Motion to direct staff to change the inclusionary requirement citywide to 15 percent and approve all other aspects of the previously introduced changes to Chapter 14C and to
reintroduce the ordinance at a later Council date per
Oceanside City Code 2.1.49(c): Joyce
Second: Sanchez
Motion to direct staff and reintroduce the ordinance at a later date approved: 4-1 (Keim – No)
Ordinance to be reintroduced at a later date
Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
9 ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, January 10, 2024.
Meeting adjourned at 9:48 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro, CMC
City Clerk, City of Oceanside
Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
10 Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
11 Action Minutes of Council, HDB, CDC & OPFA 12/20/2023
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