1 Action Minutes of Council, HDB, CDC & OPFA 1/24/2024
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– Councilmember Weiss absent
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)
2 Action Minutes of Council, HDB, CDC & OPFA 1/24/2024
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 Emp loyees’ 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 – 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.
Item was not discussed in closed session
5:00 P.M. – ROLL CALL – Councilmember Weiss absent
INVOCATION
PLEDGE OF ALLEGIANCE – Mayor Sanchez
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 will be no separate dis cussion 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 readi ng 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 4-6, 9-15, 17-18
3 Action Minutes of Council, HDB, CDC & OPFA 1/24/2024
Motion: Keim
Second: Robinson
Approved: 4-0
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 January 10, 2024 Regular Meeting Approved: 4-0
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
Approved: 4-0
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 Item pulled for discussion by member of the public
Motion to approve and direction to staff to present item to the Community Relations Commission: Sanchez
Second: Keim
Approved: 3-1 (Joyce – No)
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
Item pulled for discussion by member of the public
Motion: Keim
Second: Robinson
Approved: 4-0
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
Approved: 4-0
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10. City Council: Approval of Amendment 1 to the Property Lease Agreement and Amendment 1 to the Amended and Rest ated 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 authorization for the City Manager to execute the amendments upon receipt of all supporting documents.
Approved: 4-0
Document No. 24-D0856-1
Document No. 24-D0857-1
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 1380 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
Approved: 4-0
Document No. 24-D0858-2
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 am ount of $ 387,927; appropriation of funds; and authorization for the City Manager to execute the agreement Approved: 4-0
Document No. 24-D0859-1
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 Oceanside 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
Approved: 4-0
Document No. 24-D0860-2
14. City Council: Approval of the Property Use Agreement 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 agreeme nt upon receipt of all supporting documents
Item removed from agenda by staff
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 accommodate pay-by- plate revenue collection
Approved: 4-0
Resolution No. 24-R0861-1
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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 Item pulled for discussion by members of the public
Motion to bring item back after safe parking ordinance is in place: Sanchez
Second: Robinson
Approved: 4-0
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 Approved: 4-0
Resolution No. 24-R0863-1
18. City Council: Approval 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 Descri ption, and approv al of the salary range for the new position
Approved: 4-0
19. City Council: Acceptance of the City Treasurer’s recommendation for the Citizen Investment Oversight Committee
Item pulled for discussion by Councilmember Robinson
Motion: Robinson
Second: Sanchez
Approved: 4-0
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
Forecast received
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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 alternative 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
Motion: Sanchez
Second: Joyce
Approved: 3-1 (Keim – No)
Give direction to Staff to bring a report every January on the impacts of the ordinance on housing development
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.
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 E) Recommendation – introduce ordinance
Motion: Robinson
Second: Keim
Approved: 4-0
Ordinance Introduced
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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 Agreem ent 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
Motion: Sanchez
Second: Robinson
Approved: 4-0
Resolution No. 24-R0864-1
Resolution No. 24-R0865-1
Document no. 24-D0866-1 – Energy Service Contract
Document no. 24-D0867-1- Energy Lease Purchase
Agreement
Document no. 24-D0868-1- Escrow Lease Agreement
Direction to Staff to swap out the John Landes Mural Project with Crown Heights Mural Project.
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 be came 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 13 speakers
8 Action Minutes of Council, HDB, CDC & OPFA 1/24/2024
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 exc eption, 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 o rdinances 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 th e public through submittal of a Request to Speak form prior to the commencement of this agenda item.
None.
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, February 14, 2024.
Adjourned at 8:10 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA:
Zeb Navarro, CMC
City Clerk, City of Oceanside