MEETING AGENDA

April 19, 2017

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

          Jim Wood                                            Chuck Lowery

                                                         

Councilmembers                               City Clerk

HDB Directors                                   HDB Secretary

CDC Commissioners                         CDC Secretary

OPFA Directors                                 OPFA Secretary

          Jack Feller                                           Zack Beck

          Jerome M. Kern

          Esther Sanchez                           Treasurer

                                                                    Rafe Edward Trickey, Jr.

 

CITY CLERK’S ACTION MINUTES 


   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 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), Western Council of Engineers (WCE), and Unrepresented

Item discussed; no reportable action

2.             LITIGATION OR OTHER ADVERSARY PROCEEDING (E.G., ADMINISTRATIVE HEARING, ARBITRATION) (SECTION 54956.9(c))

A)    CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (SECTION 54956.9(a))

                              i.        Marilyn Johnson vs. City of Oceanside

Workers’ Compensation Claim No. 15603196

Workers’ Compensation Appeals Board Number: ADJ10344818

                             ii.        David Cuniff vs. City of Oceanside

Workers’ Compensation Claim No. 2012000049

Item discussed; no reportable action

3.             CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)

A)    CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: 704 Pier View Way (portion of APN 147-109-01); Negotiating Parties: City of Oceanside and the Oceanside Museum of Art; Negotiator for the City: Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the lease of real property

 

B)    CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: 315 Harbor Drive South (portion of APN 143-010-31) and 1350 N. Pacific Street (portion of APN 143-120-10); Negotiating Parties: Oceanside Small Craft Harbor District, Helgren’s Sportfishing, and Oceanside Sea Center; Negotiator for the City: Paul Lawrence, Harbor Manager and Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the lease of real property

Item discussed; no reportable action

   5:00 P.M.  –  ROLL CALL – All present

INVOCATION – Zack Beck

PLEDGE OF ALLEGIANCE – OPD Explorer

   PROCLAMATIONS AND PRESENTATIONS

Presentation – Update on current water issues and litigation with the Metropolitan Water District of Southern California – Maureen Stapleton, General Manager of the San Diego County Water Authority

Presentation – Update on Alliance for Regional Solutions – Greg Anglea, Board President

Presentations made

CLOSED SESSION REPORT

4.             Closed Session report by City Attorney

Report given

CONSENT CALENDAR ITEMS – [Items 5-8, 10-15]

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.

Motion to Approve Consent Calendar Items: Sanchez

        Second: Kern

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 following meetings:

March 15, 2017              3:30 p.m.          Regular Meeting

March 22, 2017              2:00 p.m.          Adjourned Meeting

March 29, 2017              2:00 p.m.          Adjourned Meeting

January 11, 2006           4:00 p.m.          Regular Meeting

January 18, 2006           4:00 p.m.          Regular Meeting

January 25, 2006           7:00 p.m.          Adjourned Meeting

January 26, 2006           3:00 p.m.          Adjourned Meeting

February 1, 2006           4:00 p.m.          Regular Meeting

Approved 5-0

6.             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)

Approved 5-0

7.             City Council: Approval of a ten-year Property Use Agreement with the option for two additional terms of five years each with Verizon Wireless (VAW), LLC, doing business as Verizon Wireless, to use a portion of City-owned real property at Guajome Reservoir located at 1398 Temple Heights Road for telecommunications purposes, with annual increases of 3.5% for total revenue in the amount of $422,330 for the ten-year period; and authorization for the City Manager to execute the agreement

Approved 5-0

Document No. 17-D0239-1

8.             City Council: Approval of a ten-year Property Use Agreement with the option for two additional terms of five years each with Verizon Wireless (VAW), LLC, doing business as Verizon Wireless, to use a portion of City-owned real property at Alamosa Park located between Mesa Drive and Alamosa Drive for telecommunications purposes, with annual increases of 3.5% for total revenue in the amount of $422,330 for the ten-year period; and authorization for the City Manager to execute the agreement

Approved 5-0

Document No. 17-D0240-1

9.             HDB: Approval of Amendment 10 to the Lease Agreement with Helgren’s Oceanside Sportfishing for the premises located at 315 Harbor Drive South and adjacent docks, extending the term through November 30, 2017; and authorization for the Administrative Officer to execute the amendment

Motion: Sanchez

Second: Kern

Approved 5-0

Document No. 17-D0241-2

Removed from Consent Calendar by the public.

10.          City Council: Approval of three purchase orders 1) in an amount not to exceed $86,908 to Downtown Ford Sales of Sacramento for three Ford vehicles, 2) in an amount not to exceed $48,150 to Bobcat Company of West Fargo, North Dakota for one Bobcat Skid Steer and one Sweeper Attachment, 3) in an amount not to exceed $39,000 to Hawthorne Lift Systems of San Marcos for one Mitsubishi Forklift for a total amount of $174,057 for the Water Utilities Department; and authorization for the Financial Services Director, or designee, to execute the purchase orders

Approved 5-0

11.          City Council: Approval of a purchase order in an amount of $116,000 to Rockwell Solutions, Inc., of Newport Beach for the purchase of a Vaughn chopper pump and two mixer pumps for the Water Utilities Department; approval of the procurement as a sole source; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved 5-0

12.          City Council: Approval of plans and specifications for the Market Place Del Rio Trunk Sewer Replacement Project located at the northwest corner of Mission Avenue and El Camino Real; and authorization for the City Engineer to call for bids

Approved 5-0

13.          City Council: Approval of a Professional Services Agreement with UtiliWorks of Baton Rouge, Louisiana in the amount of $135,460 for an Advanced Metering Infrastructure (AMI) feasibility study; approval to transfer funds in the amount of $150,000 from the Water Fixed Asset Replacement Fund to the project account; and authorization for the City Manager to execute the agreement

Approved 5-0

Document No. 17-D0242-1

14.          City Council: Approval of Amendment 4 in the amount of $331,585 to the Professional Services Agreement with AAC Utility Partners, LLC for a revised contract amount of $1,034,025 for consulting services to assist with the implementation of a Customer Information System (CIS) that will allow for billing and collection of utility services for the Water Utilities Department; approval of a budget appropriation of $331,585 from the Water, Sewer, and Solid Waste operating funds to the project fund; and authorization for the City Manager to execute the amendment

Approved 5-0

Document No. 17-D0243 -1

15.          City Council: Approval of the continuation of an agreement with Bloomberg L.P., of New York in the amount of $67,152 for a two-year period, effective July 1, 2017, through June 30, 2019, for access to real time financial market data and pricing used by the Treasurer’s Office in managing the City’s investment portfolio

Approved 5-0

Document No. 17-D0244-1

CITY TREASURER ITEMS

16.             City Council: Appointment of four individuals to serve on the Citizen Investment Oversight Committee

Motion – Kern

Second – Lowery

Notes:

Approved 5-0

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.

None

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.

17.          CDC: Adoption of a resolution ratifying and re-adopting CDC prior action approving Development Plan (RD16-00002), and Regular Coastal Permit (RRP16-00002) for the City-initiated Beach Operations Facilities and Restrooms Project within South Amphitheater Plaza and Tyson Street Park, in light of California Coastal Commission (CCC) communication to the City that the public hearing notice did not meet the notification standards of the City’s Local Coastal Program, resulting in the need to amend and recirculate the public hearing notice (this action merely corrects the noticing error)

A)    Chairman opens public hearing

B)    Chairman requests disclosure of Councilmember and constituent contacts and correspondence

C)    Secretary presents correspondence and/or petitions

D)    Testimony, beginning with Russ Cunningham, Principal Planner

E)    Recommendation – adopt the resolution

Resolution No. 17-R0245-3

Motion: Sanchez

Second: Kern

Notes:

Approved 5-0

18.             City Council:  Introduction of three ordinances to amend Oceanside City Code pertaining to delinquency and penalties: 1) Section 13.24 to remove the interest and penalty provisions for Solid Waste charges, 2) Section 29.20 to decrease the time period between a utility bill due date and a penalty assessment for Wastewater charges, and 3) Sections 37.40 and 37.41 to decrease the time period between a utility bill due date and a penalty assessment for Water charges

A)    Mayor opens the public hearing

B)    Mayor requests disclosure of Councilmember and constituent contacts and correspondence

C)    City Clerk presents correspondence and/or petitions

D)    Testimony, beginning with Sheri Brown, Financial Services Division Manager

E)    Recommendation – introduce the ordinances

Motion: Lowery

Second: Kern

Notes:

Approved 4-1 (Sanchez – No)

 

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.

19.          Advance written request to reserve time to speak: None

20.             Communications from the public regarding items not on this agenda – 4 Speakers

MAYOR AND/OR COUNCILMEMBER ITEMS

21.          Report by Councilmember Sanchez

Report given

22.          Request by Councilmember Sanchez to set a Council Workshop to discuss district elections, campaign contribution limits and terms limits; direction to staff

Item continued to the May 3, 2017 City Council Meeting

23.             Request by Councilmember Kern for a text amendment to the current zoning standards for Sub district 13 of Downtown District allowing multi-family uses by right and amending text throughout the document consistent with that direction.  For reference, the current Sub district 13 zoning states: To provide for a mix of visitor/commercial and office uses.  Residential uses are allowed as part of a mixed use project

Motion: Kern

Second: Lowery

Notes:

Approved: 4-1 (Sanchez – No)

24.             Request by Mayor Wood to amend Council Policy 100-02 to require Councilmember Items to be submitted with the written concurrence of at least one other Councilmember

Motion: Wood

Second: Feller

Notes:

Approved: 3-2 (Sanchez, Lowery – No)

25.             Request by Deputy Mayor Lowery and Councilmember Kern to place a resolution on the agenda for April 19 to establish an ad hoc committee to explore medical marijuana regulations for Oceanside

Resolution No. 17-R0246-1

Motion: Kern

Second: Lowery

Notes:

Approved: 3-2 (Sanchez, Feller – No)

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.

26.          City Council: Adoption of an ordinance amending Article XIII, Chapter 7 of the Oceanside City Code to prohibit non-medical commercial cannabis businesses in Oceanside pending the consideration of additional municipal regulations (Introduced 4/4/2017, 5-0)

Ordinance No. 17-OR0247-1

Motion: Sanchez

Second: Kern

Notes:

Approved 4-1 (Lowery – No)

ADJOURNMENT

Adjourn to a Mayor/Council Workshop at 2:00 p.m. on Wednesday, April 26, 2017, regarding the FY 2017-18 Budget

Adjourned at 8:24 p.m.