Action Minutes of Council, HDB, CDC & OPFA 1 5/8/2024
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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– 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)
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
2 Action Minutes of Council, HDB, CDC & OPFA 5/8/2024 (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 Item was discussed in closed session
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 Item was discussed in closed session
5:00 P.M. – ROLL CALL – All present
INVOCATION – David V. Daubenspeck
PLEDGE OF ALLEGIANCE – Mayor Sanchez
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 Drowning Prevention Month 2024, with Parks & Recreation Department and Lifeguard Division Staff
Mayor’s Business Spotlight – Regina Stone, Owner of Axe Fitness in Oceanside Proclamations given
CLOSED SESSION REPORT
4. Closed Session report by City Attorney
3 Action Minutes of Council, HDB, CDC & OPFA 5/8/2024
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.
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)
Motion to Approve Consent Calendar Items 5-16: Keim
Second: Weiss
Approved: 5-0
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 Approved: 5-0
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 the vehicle; and authorization for the Financial Services Director, or designee, to execute the purchase orders Approved: 5-0
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 Approved: 5-0
Document No. 24-D0159-1
Document No. 24-D0160-1
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 planning and engineering services of the Buccaneer Force Main; appropriation of $75,000 from the Sewer Fixed Asset Replacement Unrestricted fund balance; and authorization for the City Manager, or designee, to execute the amendment
Approved: 5-0
Document No. 24-D0161-1
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 authorization for the City Manager, or designee, to execute the amendment
Approved: 5-0
Document No. 24-D0162-1
4 Action Minutes of Council, HDB, CDC & OPFA 5/8/2024
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 authorization for the Administrative Officer to execute the amendment
Approved: 5-0
Document No. 24-D0163-2
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 authorization for the City Manager, or designee, to execute the agreement upon receipt of all supporting documents
Approved: 5-0
Document No. 24-D0164-1
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
Approved: 5-0
Resolution No. 24-R0165-1
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 Approved: 5-0
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 Approved: 5-0
Resolution No. 24-R0166-1
16. City Council: Adoption of the following resolutions for the Oceanside Lighting District, Assessment District No. 2-1991 so as 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
Approved: 5-0
Resolution No. 24-R0167-1
Resolution No. 24-R0168-1
Resolution No. 24-R0169-1
5 Action Minutes of Council, HDB, CDC & OPFA 5/8/2024
17. City Council: Adoption of the following resolutions for each of the City’s eleven Landscape Maintenance Districts initiating the proceedings 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 Item pulled for discussion by Councilmember Weiss
Motion: Weiss
Second: Keim
Approved: 5-0
Resolution No. 24-R0170-1
Resolution No. 24-R0171-1
Resolution No. 24-R0172-1
Resolution No. 24-R0173-1
Resolution No. 24-R0174-1
Resolution No. 24-R0175-1
Resolution No. 24-R0176-1
Resolution No. 24-R0177-1
Resolution No. 24-R0178-1
Resolution No. 24-R0179-1
Resolution No. 24-R0180-1
Resolution No. 24-R0181-1
Resolution No. 24-R0182-1
Resolution No. 24-R0183-1
Resolution No. 24-R0184-1
Resolution No. 24-R0185-1
Resolution No. 24-R0186-1
Resolution No. 24-R0187-1
Resolution No. 24-R0188-1
Resolution No. 24-R0189-1
Resolution No. 24-R0190-1
Resolution No. 24-R0191-1
Resolution No. 24-R0192-1
Resolution No. 24-R0193-1
Resolution No. 24-R0194-1
Resolution No. 24-R0195-1
Resolution No. 24-R0196-1
Resolution No. 24-R0197-1
Resolution No. 24-R0198-1
Resolution No. 24-R0199-1
6 Action Minutes of Council, HDB, CDC & OPFA 5/8/2024 Resolution No. 24-R0200-1
Resolution No. 24-R0201-1
Resolution No. 24-R0202-1
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: 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
Motion: Keim
Second: Joyce
Approved: 5-0
Resolution No. 24-R0203-1
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 Development 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
Motion: Weiss
Second: Sanchez
Approved: 5-0
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
Motion: Joyce
Second: Sanchez
7 Action Minutes of Council, HDB, CDC & OPFA 5/8/2024 Approved: 5-0
Document No. 24-D0204-1
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.
21. City Council: Adoption of a Resolution of Intention to renew the Downtown Oceanside Property Business Improvement District (DTOPBID) beginning on January 1, 2025; introduction 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 Item removed by staff
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 – 9 speakers
MAYOR AND/OR COUNCILMEMBER ITEMS
GENERAL COUNCILMEMBER COMMENTS
Comments made
8 Action Minutes of Council, HDB, CDC & OPFA 5/8/2024
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.
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)
Motion: Sanchez
Second: Keim
Approved: 5-0
Ordinance No. 24-OR0205-1
25. City Council: Adoption of the Ordinance of the City Council of the City of Oceanside, California, Acting as the Legislative Body of the 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)
Motion: Weiss
Second: Keim
Approved: 5-0
Ordinance No. 24-OR0206-1
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))
Motion: Weiss
Second: Robinson
Approved: 5-0
Ordinance No. 24-OR0207-1
9 Action Minutes of Council, HDB, CDC & OPFA 5/8/2024
ADJOURNMENT
The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, May 22, 2024.
Meeting adjourned at 6:38 p.m.
APPROVED BY COUNCIL/HDB/CDC/OPFA: _________________
Zeb Navarro, CMC
City Clerk, City of Oceanside