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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 January 24, 2024 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/87415575059?pwd=dnJnYkpVZFA2aTNMb2hIQlVlaDgzZz09
Zoom Meeting ID: 874 1557 5059
Passcode: 496866
Phone Information:
To join the meeting by phone, dial 669-900-9128.
Zoom Meeting ID: 874 1557 5059
Passcode: 496866
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, January 24, 2024
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
January 24, 2024
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 Empl oyees’ 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 – ANTICIPATED LITIGATION (SECTION 54956.9)
1. Significant exposure to litigation pursuant to Subdivisions (e)(2) -(4) of Section 54956.9. One Case involving a significant exposure to litigation. The facts justifying a closed session briefing are set forth in a communication from the Allan Matkins law firm to the City of Oceanside dated January 5, 2024. 5:00 P.M. – ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAMATIONS AND PRESENTATIONS
Presentation of 2024 Recipient of City of Oceanside Dr. Martin Luther King, Jr. Community Service Award, Beatriz Palmer
Presentation of Oceanside Pop Warner Football & Cheer Champions 2023
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 wi ll 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 : Ap proval 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)
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 January 10, 2024 Regular Meeting
6. City Council: Approval of a purchase order to Cummins Cal Pacific, in the amount of $90,000, for Cummins engine equipment repairs; approv al of a sole source for the vendor; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order upon receipt of all supporting documents
7. City Council: Approval of a purchase order, not to exceed $100,000 per year for three years, to IREX Inc., for the purchase of 75 software licenses for the Police Department, and authoriz ation for the Financial Services Director, or designee, to execute the purchase order 3 8. City Council: Approval of a purchase order to Axon Enterprise Inc., in an amount not to exceed $859,723, for the purchase of upgraded replacement tasers, utilizing Sourcewell CEW Contract #092722-AXN; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order
9. City Council: Approval of a purchase order to Fisher Integrated, Inc., in the amount of $69,882, for the purchase and replacement of technology equipment used in the City Council Chambers; approval of the procurement as a sole source, appropriat ion of $69,882 from the Information Systems Unrestricted Fund Balance; and authoriz ation for the Financial Services Director, or designee, to execute the purchase order
10. City Council: Approval of Amendment 1 to the Property Lease Agreement and Amendment 1 to the Amended and Restated Integrated Fire Department Air Ambulance Agreement with Reach Air Medical Services, LLC, extending the terms of the agreements for a period of five years from September 1, 2023 to August 31, 2028 with a combined total maximum revenue of up to $1,135,740 during the five-year term for use of a portion of the City property located at 110 Jones Road and operation of emergency air medical transportation services; and aut horization for the City Manager to execute the amendments upon receipt of all supporting documents.
11. HDB: Approval of Amendment 3 to the Percentage Property Lease Agreement with Oceanside Harbor Fuel Dock and Mini Mart, Inc. for the premises located at 138 0 North Pacific Street, extending the term of the agreement for a period of ten years to expire August 31, 2045; and authorization for the Administrative Officer to execute the amendment upon receipt of all supporting documents
12. City Council: Approval of a Professional Services Agreement with David Taussig and Associates, Inc. for special tax advisement services for the City’s six Community Facilities Districts , for a four- year term, with one optional two-year extension for a total estimated amount of $ 387,927; appropriation of funds; and authorization for the City Manager to execute the agreement
13. HDB: Approval of a Professional Services Agreement with Richard Brady & Associates, in the amount of $50,000, to provide As -Needed Engineering Services to the Ocean side Harbor; appropriation of $50,000 from Harbor Unrestricted Fund Balance; and authoriz ation for the Administrative Officer, or designee, to execute the agreement upon the receipt of all supporting documents
14. City Council : Approval of the Property Use Ag reement between the City and SiFi Networks Oceanside LLC, for use of a portion of City -owned land located at El Corazon adjacent to the southwest entrance on Oceanside Boulevard for a 30 -year term, with a revenue of $1,141,810; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents
15. City Council: Adoption of a resolution establishing regulations and restrictions for Harbor Parking Lot 13 and update regulations and restrictions for all public parking lots to a ccommodate pay-by- plate revenue collection
16. City Council: Adoption of a resolution for the establishment of no parking from 7:00 p.m. to 5:00 a.m., every day, on all streets within the Oceanside Industrial Park
17. City Council: Adoption of a resolution approving an agreement with the County of San Diego for $200,000 for the Operation Stonegarden FY 2022 Grant and authorization for the City Manager, or designee, to execute the grant agreement and all related grant documents 4 18. City Council : Approva l of the modification of an existing authorized full -time Police Public Information Officer position to a full -time Police Media Relations Manager position in the Police Department, approval of the new Job Description, and approv al of the salary range for the new position
19. City Council : Acceptance of the City Treasurer’s recommendation for the Citizen Investment Oversight Committee
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.
20. City Council: Submittal of the FY 2024 -25 through FY 2028-29 General Fund Five -Year Financial Forecast for review and requests direction to proceed with developing a fiscally sustainable budget strategy
A) Report by Jill Moya, Financial Services Director
B) Discussion
C) Recommendation – receive forecast
21. City Council: Introduction of an ordinance to amend Chapter 14C (Inclusionary Housing) of the Oceanside City Code to: 1. Change the applicability and reservation requirements for residential projects from three (3) units to projects of ten (10) or more units; 2. Increase the requirement to reserve housing for low and/or moderate-income households from ten (10) percent to fifteen (15) percent; 3. Require that reserved units within a multifamily residential project provide for a proportionate unit mix, based on bedroom count, as to the 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 (ADUs) as an alte rnative housing type that may be incorporated into a single-family residential project to satisfy such inclusionary housing requirement
A) Report by Leilani Hines, Housing and Neighborhood Services Director B) Discussion
C) Recommendation – introduce ordinance
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.
22. City Council : Introduction of an Ordinance to renew the Oceanside Tourism Marketing District (OTMD) and conduct the first reading
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 Michelle Geller, Economic Development Manager 5 E) Recommendation – introduce ordinance
23. City Council: 1) Hold a Public Hearing regarding the proposed energy conservation measures and energy services contract with ENGIE Services U.S. Inc. (“ENGIE”) ; 2) Adoption of the Findings & Energy Contract Resolution to make the required findings under Government Code section 4217.10, et seq., enabling the City to enter into an Energy Services Contract with ENGIE; 3) Authorization for the City Manager to execute the Energy Services Contract with ENGIE substantially in the form attached as Exhibit B to the Findings & Energy Contract Resolution in an amount not to exceed $20,910,327 for the design and construction of certain energy conservation facilities and measures (“ECMs”), subject to non-monetary changes to the Energy Services Contract approved by the City Manager and City Attorney, and contingent on finalizing and obtaining financing for the project; and, 4) Adoption of the Lease Purchase Agreement Resolution authorizing the execution and delivery of a Lease Purchase Agreement and an Escrow Agreement for the purposes of financing the ECMs described in the Energy Services Contract
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 Rob O’Brien, Deputy City Manager E) Recommendation – adopt resolutions
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:
a. Ken Leighton – Is Oceanside’s Oompa Loompa sector getting proper respect? b. Ana Maria Hallman-Franich – Call for a ceasefire in Gaza, Palestine
25. Communications from the public regarding items not on this agenda
MAYOR AND/OR COUNCILMEMBER ITEMS
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.
None.
6 ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, February 14, 2024. 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 spe ak 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 agen da 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 o n the screen . As your name is called and appears on the screen, please approach either of the public podiums.
To facilitate organized presentations for a public hearing, general item or non -agenda public comment, a representative of a group of persons may submit a request to speak on behalf of the group. The representative must identify the group and list not fewer than four members of the group who must be present when the item is called and all members of the group must remain in the council chambers for the duration of the presentation. The presentation on behalf of the group shall not exceed 10 minutes. The other members of the organized presentation group shall not be entitled to speak on the item.
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 sha ll not be asked of the governing body or staff without obtaining permission from the presiding 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, except as noted below. Speakers may not cede their time to another speaker, except as provided in Section 1A . 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. This indicates that it is time for the speaker to conclude his or her comments. When the speaker time has expired, a red flashing lig ht will appear.
D. Written Communications Concerning Matters on the Agenda – Written comments or correspondence on agenda items received at least 4 hours prior to the beginning of the meeting will be distributed to the City Council/HDB/CDC /OPFA and made pa rt of the record. It is their policy, however, that such correspondence shall not be read aloud at the meeting. Any correspondence should be mailed or delivered to the City Clerk, as well as the Mayor and City Council, City of Oceanside, 300 N. Coast Hig hway, Oceanside, CA 92054, or emailed to [email protected]
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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 the 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.
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 t he applicants or appellants.
Public Hearing items are “time -certain” and are heard beginning at 6:00 p.m., regardless of how 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 meeting agenda for members of the public to speak regarding matters within the jurisdiction of the City Council/HDB/CDC /OPFA, but not oth erwise 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 governing 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 Consent 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.
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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 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 jo intly convened, there may be business of the City Council, Harbor District Board of Directors, Community Development Commission, 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 ho urs 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 program schedule for dates and times of re-broadcasts. Videotape of this meeting is available for public reference in the Oceanside Mai n Library, 330 North Coast Highway.
9. ASSISTANCE TO PERSONS WITH DISABILITIES
If you have special needs because of a disability which make it difficult for you to participate in the meetings, please contact the City Clerk at 300 North Coast Highway, Oceansi de, 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.