MEETING AGENDA

March 14, 2018

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

          Peter Weiss                                          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                           City Treasurer

                                                          HDB/CDC/OPFA Treasurer

                                                                   Rafe Edward Trickey, Jr.

 

CITY CLERK’S ACTION MINUTES 

 

 

 


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

Item discussed in closed session

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.        Martin Morabe vs. City of Oceanside

Workers’ Compensation Claim No. 15580414

Workers’ Compensation Appeals Board Number: ADJ9951895

B)    CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (SECTION 54956.9)

                              i.        Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9:
One case

Item discussed in closed session

3.             CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)

A)    CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: Portion of El Corazon (APN 162-082-51); Negotiating Parties: City of Oceanside and Stirling Development; Negotiator for the City: Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the sale of real property

Item discussed in closed session

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

   INVOCATION – Steve Chappell

    PLEDGE OF ALLEGIANCE – Councilmember Feller

   PROCLAMATIONS AND PRESENTATIONS

Presentation – “Pet of the Month” presented by the San Diego Humane Society & SPCA

Presentation made

 

   CLOSED SESSION REPORT

4.             Closed Session report by City Attorney

Report given

   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:  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 February 28, 2018, 3:30 p.m. Regular Meeting

Motion to Approve Consent Calendar Items 5,6,8,11-13: Sanchez

Second: Kern

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 Amendment 1 in the amount of $49,995 to the Professional Services Agreement with Host Compliance, LLC, for one year to December 13, 2018, for a revised contract amount of $99,990 for short-term rental transient occupancy tax compliance services for the Financial Services Department; and authorization for the City Manager to execute the amendment

Pulled from consent calendar for discussion - Public

Motion to Approve: Sanchez

Second: Kern

Approved: 5-0

Document No. 18-D0096-1

8.             City Council: Approval of an easement from the North County Transit District for a permanent easement within their railroad right-of-way for the maintenance and operation of the San Luis Rey Recreation Trail (US Army Corps of Engineers’ maintenance road) from the San Luis Rey River undercrossing to Neptune Way; and authorization for the City Clerk to accept the easement deed

Correction made by City Clerk changing “authorization for the Mayor to accept the easement deed” to “authorization for the City Clerk to accept the easement deed.”

Approved: 5-0

Document No. 18-D0097-1

9.                City Council: Adoption of a resolution approving Final Map No. T15-00005 for the Vine Street Collection Subdivision project, a condominium project consisting of 58 multifamily units located on approximately 6.3 acres of land located on the west side of Vine Street just north of Oceanside Boulevard; and authorization for the City Clerk to record the Final Map with the San Diego County Recorder

Pulled from consent calendar for discussion - Public

Motion to Approve: Kern

Second: Feller

Approved: 5-0

Resolution No. 18-R0098-1

10.             City Council: Adoption of a resolution authorizing the City to submit applications for the TransNet Smart Growth Incentive Program (SGIP) in the amount of $400,000 for funding of an Environmental Impact Report and 30% design for the extension of the Coastal Rail Trail across the Loma Alta Marsh, and the TransNet Active Transportation Grant Program (ATGP) in the amount of $70,000 for an enclosed bike storage station at City Hall; and authorization for the City Manager to execute all necessary grant documents

Pulled from consent calendar for discussion - Public

Motion to Approve: Sanchez

Second: Kern

Approved: 5-0

Resolution No. 18-R0099-1

11.          City Council: Approval to accept an additional $185,498 in grant funds from the State of California Law Enforcement Activities Subaccount (ELEAS) awarded to the City for the COPS 2016 Grant Program; approval to appropriate the funds to the Oceanside Police Department; and authorization for the City Manager, or designee, to execute all grant documents

Approved: 5-0

12.          City Council: Approval to accept up to $320,000 in grant funds from the State of California Law Enforcement Activities Subaccount (ELEAS) awarded to the City for the COPS 2017 Grant Program; approval to appropriate the funds to the Oceanside Police Department; and authorization for the City Manager, or designee, to execute all grant documents

Approved: 5-0

13.          City Council: Acceptance of the City Treasurer’s Report for the quarter ended December 31, 2017

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.

14.             City Council: Approval of an Exclusive Negotiation Agreement with Rancho Del Oro Oceanside Partners, LLC as the developer, for the proposed development of a resort hotel on a portion of El Corazon; and authorization for the City Manager to execute the agreement

A)    Report by Douglas E. Eddow, Real Estate Manager

B)    Discussion

C)    Recommendation – approve the agreement

Report given

Motion: Kern

        Second: Feller

Approved: 3-2 (Sanchez, Lowery – No)

Document No. 18-D0100-1

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.

15.             City Council/CDC: Introduction of an ordinance repealing Article 18 of the 1986 Zoning Ordinance, modifying Articles 27 and 35 of the 1992 Zoning Ordinance (ZA16-00007) and establishing the amended text as part of the Citywide Comprehensive Zoning Ordinance (CZO – aka 1992 OZO as amended), including Downtown D-District; and adoption of a resolution requesting California Coastal Commission certification of an amendment to the implementation plan (LCPA16-00004) of the Local Coastal Program (LCP) establishing the amended zoning ordinance text of Articles 27 and 35 as part of the LCP 

The updated zoning ordinance will establish citywide regulations for nonconforming uses and structures and will expand implementation of nonconforming use amortization overlay districts provisions within the coastal zone.

A)    Mayor opens 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 Amy Fousekis, Principal Planner

E)    Recommendation – introduce the ordinance and adopt the resolution

Testimony given

Motion: Kern

        Second: Feller

Approved: 5-0

Resolution No. 18-R00101-1

Ordinance introduced

16.             City Council/CDC: Introduction of an ordinance repealing Articles 39 and 39A of the 1986 Oceanside Zoning Ordinance (1986 OZO) and repealing Article 39, amending Articles 10, 11, 12, 13, 14, 15, 16, 30, 39A, 41C and adding Article 39A/B to the Oceanside Comprehensive Zoning Ordinance (CZO – aka 1992 OZO as amended) (ZA16-00006); and adoption of a resolution requesting California Coastal Commission certification of an amendment to the implementation plan (LCPA16-00010) of the Local Coastal Program (LCP) establishing the amended zoning ordinance text of Articles 12, 15, 39A/B/C and 41C as part of the LCP  

The subject amendments will update existing regulations for wireless communication facilities and will establish citywide ordinance provisions in compliance with Federal and State laws.

A)    Mayor opens 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 Amy Fousekis, Principal Planner

E)    Recommendation – introduce the ordinance and adopt the resolution

Testimony given

Motion: Kern

        Second: Feller

Approved: 5-0

Resolution No. 18-R00102-1

Ordinance introduced

17.             City Council: Introduction of an ordinance amending Chapter 37 (Water) of the Oceanside City Code to require web-based data entry of backflow prevention device test results and to authorize termination of water service for non-compliance

A)    Mayor opens 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 Robert Gutierrez, Water Utilities Division Manager

E)    Recommendation – introduce the ordinance

Testimony given

Motion: Sanchez

        Second: Weiss

Approved: 5-0

Ordinance introduced

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.

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

19.             Communications from the public regarding items not on this agenda – 9 Speakers

   MAYOR AND/OR COUNCILMEMBER ITEMS

           

Mayor Weiss asked for a Moment of Silence for Harold Kutler

   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 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.

None

   ADJOURNMENT

Adjourn to a Mayor/Council Workshop at 2:00 p.m. on Wednesday, March 21, 2018, for Planning Commissioner Interviews

Adjourned at 7:10 PM