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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 May 8, 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.
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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
Wednesday, May 8, 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
May 8, 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 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. San Diego Regional Water Quality Control Board Complaint No. R9-2023-0015
3. CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: 1 Pier View Way; Negotiating Parties: City of Oceanside and OS Pier, LLC; Negotiator for the City: Vicki Gutierrez, Real Estate Manager; Under Negotiations: Price and terms for the lease of real property 5:00 P.M. – ROLL CALL
INVOCATION – David V. Daubenspeck
PLEDGE OF ALLEGIANCE
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of National Asian American, Native Hawaiian & Pacific Islander Heritage Month 2024
Proclamation in Honor of National Military Appreciation Month 2024
Proclamation in Honor of Water Safety and Drownin g Prevention Month 2024, with Parks & Recreation Department and Lifeguard Division Staff
Mayor’s Business Spotlight – Regina Stone, Owner of Axe Fitness in Oceanside
CLOSED SESSION REPORT
4. 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 discu ssion 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.
5. 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)
6. 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 April 17, 2024 Workshop and the April 24, 2024 Regular Meeting 3 7. City Council: Approval of a purchase order to Toyota Carlsbad, in the amount of $37,428, for one Toyota Prius; approval of one Addition to Fleet for the Development Services Department; approval of a purchase order to LEHR Auto Electric, in the amount of $1,277, for upfitting of t he vehicle; and authorization for the Financial Services Director, or designee, to execute the purchase orders
8. City Council: Approval of the construction changes listed in Contract Change Order Nos. 27 and 28 to the Public Works Agreement with ATP General Engineering Contractors for the Slurry Seal and Overlay Project in the total amount of $597,212 for a total revised contract amount of $18,751,938; and authorization for the City Engineer to execute the Contract Change Order
9. City Council: Approval of Amendment 1 to the Professional Services Agreement with Ardurra, in the amount of $170,436 for a total contract amount of $522,838, for plann ing and engineering services of the Buccaneer Force Main; appropriat ion of $75,000 from the Sewer Fixed Asset Replacement Unrestricted fund balance; and authoriz ation for the City Manager, or designee, to execute the amendment
10. City Council: Approval of Amendment 1 to the Professional Services Agreement with Kimley -Horn, in the amount of $507,720 for a total contract amount of $1,226,420, for the Downtown Water and Sewer Pipeline Replacement Phase 2 Project; and authoriz ation for the City Manager, or designee, to execute the amendment
11. HDB: Approval of Amendment 7 to the Lease Agreement between the Oceanside Small Craft Harbor District and Oceanside Marine Center, for the premises at 1550 Harbor Drive North, extending the term of the agreement retroactively from January 20, 2024, through January 19, 2039, for a fifteen- year minimum total revenue of $1,261,980; and authoriz ation for the Administrative Officer to execute the amendment
12. City Council: Approval of an Agreement, in the amount of $89,555, for School Crossing Guards with the Oceanside Unified School District; appropriation of $89,555 from the General Fund Unassigned account; and authoriz ation for the City Manager, or designee, to execute the agreement upon receipt of all supporting documents
13. City Council: Adoption of a resolution authorizing the City to apply for and obtain grant funds, in the amount of approximately $500,000, for a “Safe Streets and Roads for All” Safety Action Plan that would allow access to grant funding for the implementation of projects to improve roadway safety
14. City Council: Approval of the modification of an existing authorized full -time Plans Examiner III position to a full-time Associate Engineer position, effective Fiscal Year 2023-24
15. City Council : Adoption of a resolution authorizing the City Manager, Assistant City Manager, Financial Services Director, Fire Chief, and Emergency Manager to execute documents related to state and federal disaster assistance through the California Office of Emergency Services (Cal OES), the Federal Emergency Management Agency (FEMA), and any other governmental entity
16. City Council: Adoption of the following resolutions for the Oceanside Lighting District, Assessment District No. 2 -1991 so a s to initiate the proceedings for the renewal thereof by: 1) directing the City Engineer to prepare an Engineer’s Report; 2) approving the Engineer’s Report as prepared or modified; 3) declaring the intent to levy and collect assessments for FY 2024 -25 and setting a public hearing for June 26, 2024, at 6:00 p.m. in the City Council Chambers regarding the proposed assessments
4 17. City Council : Adoption of the following resolutions for each of the City’s eleven Landscape Maintenance Districts initiating the proce edings for renewal of the districts: 1) directing the City Engineer to prepare a report regarding the improvements and the proposed assessments for FY 2024-25; 2) approving the Engineer’s Reports as prepared or modified for FY 2024 -25; and 3) declaring an intent to levy and collect assessments for FY 2024-25 and setting a public hearing for June 26, 2024, at 6:00 p.m. in the City Council Chambers regarding the proposed assessments
GENERAL ITEMS
General Items are normally heard after any 6:00 p.m. Public Hea ring 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 suff icient 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: Adoption of a revised resolution to certify and approve the hiring of Lynne Seabloom as a temporary Retired Annuitant, retroactively effective March 4, 2024, in an amount not to exceed $20,757 for FY 2023-24, to ensure a transfer of critical duties and information to her replacement in the Fire Department
A) Report by Rob O’Brien, Deputy City Manager
B) Discussion
C) Recommendation – adopt resolution
19. City Council: Approval of the FY 2024-25 Annual Action Plan of the Consolidated Plan for Housing and Community Development for submission to the U.S. Department of Housing and Urban Development; authorization for the City Manager to submit the Plan to the U.S. Department of Housing and Urban Development for funds under the Community Develo pment Block Grant and HOME Investment Partnership Programs; authorization for the City Manager to sign and execute required forms and documents for the grant funds; and authorization for the Housing and Neighborhood Services Director to sign agreements with subrecipients
A) Report by Cecilia Barandiaran, Management Analyst
B) Discussion
C) Recommendation – approve plan
20. City Council : Approval of a one -year Joint Use Agreement with the Oceanside Unified School District, effective June 1, 2024 through May 31, 2025 for the joint use of park and recreation and school facilities; and authorization for the City Manager to execute the agreement
A) Report by Manuel Gonzalez, Parks and Recreation Director B) Discussion
C) Recommendation – approve agreement
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.
5 21. City Council: Adoption of a Resolution of Intention to renew the Downtown Oceanside Property Business Improvement District (DTOPBID) beginning on January 1, 2025; introduc tion of the Ordinance to renew; and conduction of the first reading of the Ordinance 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 – adopt resolution and 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 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. Patrick Hartley – Oceanside will place a ceasefire resolution on their agenda b. Richard Newton – Relevance of international events to Oceanside City Council meetings and municipal policy
23. 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 t hat 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 Counc il/HDB/CDC/OPFA or the public through submittal of a Request to Speak form prior to the commencement of this agenda item.
24. City Council: Adoption of an Ordinance amending Chapter 2, Section 2.10(q)(1) and Section 2.10 (r) and Chapter 28A of the Oceanside City Code to increase the City Manager’s purchasing authority from $50,000 up to $100,000, increase the City Manager’s signing authority for change orders from 10% or $10,000 to 10% or $20,000, require formal bidding procedures for purchases of $100,000 or more, and permit the acceptance of electronic bids though the use of on-line bid boards (Introduced on April 24, 2024, 5-0)
25. City Council: Adoption of the Ordinance of the City Council of the City of Oceanside, California, Acting as the Legislative Body of t he City of Oceanside Community Facilities District No. 2023 -1 (North River Farms Public Facilities) Authorizing the Levy of a Special Tax Within Such District (Introduced on April 24, 2024, 5-0)
6 26. City Council: Adoption of an ordinance (Option 1) amending Chapter 24 of the City Code amending the City’s Local Coastal Program to include new restrictions on the establishment and operation of short-term rental units in the City’s Coastal Zone
(Introduced on April 24, 2024, 4-1 (Joyce – no))
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, May 22, 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 speak 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 agenda 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.
To facilitate organized presentations for a public hearing, general item or non -agenda public comment, a representative of a group of persons may s ubmit 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 t he 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 shall 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 em ailed 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 light 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 part 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 Highw ay, 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 bo nd 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 n eed 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 c ases 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 how far the City Council has progressed with its other agenda items.
Due to the time -certain requirement, other items may be taken out o f 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 other wise 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. P riority 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 Co nsent 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 join tly 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 hour s 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 o f 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 O ceanside 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 Main 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, 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.