Joint Meetings of the Oceanside City Council, Oceanside Small Craft Harbor District Board of Directors (HDB), Oceanside Community Development Commission (CDC), and Oceanside Public Financing Information for the August 07, 2024 City Council Meeting
CITY OF OCEANSIDE
AGENDA
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.
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 .
Mayor
HDB President
CDC Chair
OPFA Chair
Esther Sanchez
Deputy Mayor
HDB Vice President
CDC Vice Chair
OPFA Vice Chair
Ryan Keim
Councilmembers
HDB Directors
CDC Commissioners
OPFA Directors
Eric Joyce
Rick Robinson
Peter Weiss
City Clerk
HDB Secretary
CDC Secretary
OPFA Secretary
Zeb Navarro
City Treasurer/HDB/CDC/OPFA Treasurer
Victor Roy
City Manager
HDB Administrative Officer
CDC Executive Director
OPFA Executive Director
Jonathan Borrego
City Attorney
HDB Attorney
CDC General Counsel
OPFA General Counsel
John P. Mullen
Council Chambers
300 North Coast Highway
Oceanside, CA 92054
August 07, 2024
Joint Meetings of the Oceanside City Council, Oceanside Small Craft Harbor District Board of Directors (HDB), Oceanside Community Development Commission (CDC), and Oceanside Public Financing Authority (OPFA)
CITY OF OCEANSIDE
AGENDA
City Council Agenda August 7, 2024
3:30 P.M. – ROLL CALL
CITY COUNCIL, HDB, CDC, OPFA CLOSED SESSION ITEMS
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
23-248
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. In re National Opioid Litigation Settlements
(Kroger Co.)
Case No.: 1:17-md-2804
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (SECTION 54956.9)
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 for the Allan Matkins law firm to the City of Oceanside dated January 5, 2024. 23-249
5:00 P.M. – ROLL CALL
INVOCATION
Michael Aplikowsky, COO and co-founder of Convicted4Christ Ministries & Minister
PLEDGE OF ALLEGIANCE
City Council Agenda August 7, 2024
PROCLAMATIONS AND PRESENTATIONS
Proclamation in Honor of Humanity Showers
Mayor's Business Spotlight: Sunshine Market and Refillery; Owner: Kattie Hayden
CLOSED SESSION REPORT
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.
3. Staff recommends that the City Council/Harbor
Board/CDC/OPFA approve the waiving of reading of the text of all ordinances and the text and title of all resolutions included in this agenda. Unanimous approval of the City Council/Harbor Board/CDC/OPFA is required.
23-239 City Council /
H D B / C D C /
OPFA:
4. Accept 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 June 26, 2024 Regular Meeting
23-246 City Council /
H D B / C D C /
OPFA:
5. Staff recommends that the City Council approve one purchase order to Downtown Ford for one new Ford F- 350 pickup as an addition to fleet for the Public Works Department, in an amount not to exceed $ 103,905; appropriate $ 103,905 from the General Fund Assigned Infrastructure fund balance to the Traffic Control account; and authorize the Financial Services Director, or designee, to execute the purchase order.
23-186 City Council:
6. Staff recommends that the City Council approve Amendment 1 to the Agreement for Reimbursement of Costs for the
construction of a new irrigation system with Oceanside Golf, LLC for the Oceanside Municipal Golf Course located at 825 Douglas Drive; appropriate an additional $ 200,000 from the golf course assigned fund balance to the Municipal Golf Course Irrigation Improvement Project for a total of
$3,810,804; and authorize the City Manager to execute the Amendment upon receipt of all supporting documents.
23-187 City Council:
City Council Agenda August 7, 2024
7. Staff recommends that the City Council approve Amendment 3 to the Property Use Agreement with Cause of Christ for use of a portion of the John Landes Recreation Center located at 2855 Cedar Road, extending the term for one year, for the purpose of providing community outreach activities as well as family and youth related services and activities to the community; and authorize the City Manager to execute the amendment upon receipt of all supporting documents.
23-185 City Council:
8. Staff recommends that the City Council approve Amendment 3 to the Professional Services Agreement with Ferguson
Enterprises, LLC, in the amount of $ 130,000 for a total contract amount not to exceed $495,860, for software services for the Neptune /SENET software as a service (SAAS) for the Advanced Metering Infrastructure Project; appropriate
$130,000; and authorize the City Manager to execute the amendment.
23-190 City Council:
9. Staff recommends that the City Council approve a
Professional Services Agreement (PSA) with ProCal Lighting, in the amount of $170,600, to replace and upgrade the lighting and related technology in the City Council Chambers;
appropriate $170,600 from the Information Services Hardware Reserve fund; and authorize the City Manager to execute the Agreement.
23-139 City Council:
10. Staff and the Police and Fire Commission recommend that the City Council adopt a resolution to accept $ 164,536 in grant funds from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP) awarded to the City;
appropriate the funds to the Grant Fund for the Police
Department; approve the grant budget; and authorize the City Manager, or designee, to execute the grant documents.
23-188 City Council:
11. Staff recommends that the City Council accept $ 136,917 in grant funds from California State Library, awarded to the City to implement three Library Services Technology Act (LSTA) projects: Sustainable California Libraries, Play for All, and Teens Succeed; and appropriate these funds to the State Grant Fund for the Library Department.
23-191 City Council:
12. Staff recommends that the City Council approve the
modification of an existing authorized Accounting Specialist II position to an Accounting Technician position within the Financial Services Department.
23-164 City Council:
City Council Agenda August 7, 2024
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.
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.
13. Staff and the Police and Fire Commission recommend that the City Council adopt a resolution approving the Department ’s annual Military Equipment Use Policy and Inventory list as required by Assembly Bill (AB) 481.
23-193 City Council:
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 Taurino Valdovinos, Assistant Police Chief
E) Recommendation - adopt resolution
14. Staff recommends that the City Council adopt a resolution upholding Planning Commission Resolution No. 2023-P19
approving Tentative Map (T 22-00003), Development Plan
(D22-00004), and Density Bonus (DB 22-00003) to allow the construction of 13 single-family homes, with one reserved for very low-income households, on a 2.00-acre parcel located between Loma Alta Drive and Crouch Street approximately 150 feet south of Walsh Street.
23-194 City Council:
City Council Agenda August 7, 2024
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 Dane Thompson, Planner II
E) Testimony of Appellant, if requested
F) Testimony of Applicant, if requested
G) Recommendation - adopt resolution
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.
15. Advance written request to reserve time to speak:23-252 a. Diane Dillon - I would like to speak on behalf of the engineers in Western Council of Engineers that I represent
b. Ken Leighton - Seeking ways to make Oceanside elections less slimy
16. Communications from the public regarding items not on this agenda
23-251
MAYOR AND/OR COUNCILMEMBER ITEMS
17. Request by Councilmember Joyce and Mayor Sanchez to direct staff to schedule a Council Workshop on the Update to the General Plan in August /September for status and input; direction to staff.
23-250
GENERAL COUNCILMEMBER COMMENTS
ADOPTION OF ORDINANCES
City Council Agenda August 7, 2024
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.
18. Staff recommends that the City Council adopt an Ordinance amending Chapter 34, Article II, Sections 34.6.5 and
34.6.16(b) of the Oceanside City Code extending the
temporary one-half cent general local transactions and use tax for an additional ten years while maintaining provisions for citizens’ oversight and accountability. (Subject to voter approval)
(Introduced on June 26, 2024, 5-0)
23-254 City Council:
ADJOURNMENT
City Council Agenda August 7, 2024
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 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 each 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 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 1 A. 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
City Council Agenda August 7, 2024
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 Highway, Oceanside, CA 92054, or emailed to [email protected]
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 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 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 otherwise 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" slap 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
City Council Agenda August 7, 2024
Consent Calendar items. If a member of the public wishes to speak on a Consent Calendar item, a request to speak must be submitted prior to the Consent Calendar being called.
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 jointly 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 hours 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 Main Library, 330 North Coast Highway.
City Council Agenda August 7, 2024
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.