MEETING AGENDA

March 28, 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 – 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 (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.             CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)

A)    CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: Vacant parcels of land in the San Luis Rey River outside of the City of Oceanside (APNs 126-170-08, 126-170-82, and 126-140-27); Negotiating Parties: City of Oceanside and the County of San Diego; Negotiator for the City: Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the use of real property

Item discussed in closed session

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

INVOCATION – Shawn Mitchell

PLEDGE OF ALLEGIANCE – Peter Weiss

PROCLAMATIONS AND PRESENTATIONS

Presentation – Donation of Drone Intervention Device to OPD by IXI Technology

Proclamation – Fair Housing Month

Presentation and proclamation made

CLOSED SESSION REPORT

3.                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.

4.                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 March 14, 2018, 3:30 p.m. Regular Meeting

Motion to Approve Consent Calendar Items 4-14: Sanchez

Second: Kern

Approved: 5-0

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)

Approved: 5-0

6.             City Council: Approval of a purchase order in the amount of $401,308 to North County Transit District (NCTD) for the Oceanside Railroad Crossing Safety Improvement project; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5-0

7.             City Council: Approval of a purchase order in an amount not to exceed $264,000 to Altec Industries Inc. of Birmingham, Alabama for two aerial bucket trucks for the Public Works Department; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5-0

8.             City Council: Approval of a purchase order in an amount not to exceed $104,000 to Siemens Industry, Inc., of San Diego for the purchase of a new fire alarm panel, smoke detectors, pull stations and other alarm initiating devices for the San Luis Rey Water Reclamation Facility; approval of the purchase as a sole source procurement; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5-0

9.             City Council: Approval of a Professional Services Agreement with Innovative Interfaces Incorporated, of Emeryville, California in the amount of $357,993 for an Integrated Library System (ILS) which also includes five years of services for software and web-based/cloud-hosted functions which will provide improved Library staff workflow, reporting and analysis, and offer advanced digital transactions to the Library’s public users; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0110-1

10.          City Council: Approval of a two-year Professional Services Agreement with Bureau Veritas North America, Inc., of San Diego in the amount of $154,440 annually, not to exceed $308,880 for as-needed Consultant Structural Plan Review Engineer Services effective March 28, 2018, through March 28, 2020; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0111-1

11.          CDC: Approval of a loan application in the amount of $23,321 under the Community Development Block Grant (CDBG) Housing Rehabilitation Program for the rehabilitation of a single-family home

Approved: 5-0

12.          City Council: Approval of a five-year Memorandum of Understanding (MOU) between the City of Oceanside, the City of San Diego, the San Diego Unified Port District, and the County of Orange establishing the shared program responsibilities with respect to mandatory participation in the Regional Harbor Monitoring Program (RHMP); authorization for the Mayor to execute the MOU; approval of a purchase order in an amount not to exceed $186,235 to fund the City’s share of the MOU; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5-0

Document No. 18-D0112-1

13.          City Council: Adoption of a resolution authorizing the City to participate in the Pension Stabilization Trust for California Municipalities (“Trust”); authorization of the investment of up to $10 million into the Trust by June 30, 2018; approval of the selection of the Conservative Model Portfolio; and authorization for the City Manager to execute all necessary documents upon approval as to form by the City Attorney

Approved: 5-0

Resolution No. 18-R0113-1

14.          City Council: Approval of the FY 2018-19 Economic Development Commission Work Plan

Approved: 5-0

Document No. 18-D0114-1

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.

15.             City Council/HDB: Introduction of an ordinance amending Chapter 29 of the Oceanside City Code by the modification of Section 29A.37 requiring all commercial service providers who access docks to obtain a permit from the Small Craft Harbor District

A)    Report by Ted Schiafone, Harbor Division Manager

B)    Discussion

C)    Recommendation – introduce the ordinance

Motion: Sanchez

Second: Kern

Approved: 5-0

Ordinance introduced

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.

16.             City Council: Review of 1) Medical Marijuana Ad Hoc Committee recommendations, 2) City Advisory Group comments, 3) Staff recommendations; and introduction of an ordinance amending the Oceanside Comprehensive Zoning Ordinance (aka 1992 OZO) and Chapter 7 Article XIII of the Oceanside City Code. The purpose of the amendment is to update regulations concerning commercial cannabis uses and allow the establishment and operation of specified commercial medicinal cannabis facilities only in designated zoning districts east of the coastal zone boundaries, subject to conditions and limitations.  The amended text will introduce new land use classifications (Article 4), will update commercial (Article 11), industrial (Article 13) and agricultural (Article 14) zoning district regulations and will modify regulated use provisions (Article 36). City Code Chapter7 Article XIII, as proposed to be amended, will set forth the criteria and procedures for permits and licenses necessary to establish and operate commercial medicinal cannabis facilities within the City of Oceanside.

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 Deanna Lorson, Assistant City Manager

E)    Recommendation – introduce the ordinance

Motion to accept staff recommendations regarding cultivation, testing, distribution, manufacturing, nurseries and delivery until the regulatory framework is established. The police and fire department to review impacts of dispensaries in other cities over the next 12-18 months. This motion removes the dispensary language from Exhibit A, Exhibit B Section NN, Article 4, page 15, 11-11, L-24, Article 13, 13-10, 13-4, 3603, 3637. 20% of coverage or up to 22,000 Square Feet (whichever is less). Strike dispensary language from Exhibit B, Ch. 7 7.115, 7.117, 7.126 (L).: Weiss

Second: Kern

Approved: 4-1 (Feller – No)

17.            CDC: Adoption of a resolution approving the 2018-19 Annual Public Housing Agency (PHA) Plan; and authorization for the CDC Chairperson to submit the plan to the U.S. Department of Housing and Urban Development (HUD) with the inclusion of changes made to the PHA Plan as a result of public comments, and execute all related documents

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 Angela Hanifin, Housing Program Manager

E)    Recommendation – adopt the resolution

Motion: Sanchez

Second: Kern

Approved: 4-0 (Lowery – Recuse)

Resolution No. 18-R0115-3

18.             City Council: Approval of the 2015-2020 Substantial Amendment to the Consolidated Plan; approval of the Fiscal Year 2018-19 Community Development Block Grant program budget; approval to allocate funding for various housing and community development activities, planning, and program administration; and approval to allocate grant funding for various public services and homeless programs

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 Cecilia Barandiaran, Management Analyst

E)    Recommendation – approve the amendment

Motion: Sanchez

Second: Kern

Approved: 5-0

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.

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

            None

GENERAL COUNCILMEMBER COMMENTS

 

Comments made by Council Member Feller

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.

21.          City Council/CDC: Adoption 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 (Introduced 3/14/2018, 5-0)

Motion: Sanchez

Second: Kern

Approved: 5-0

Ordinance No. 18-OR0116-1

22.          City Council/CDC: Adoption 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) (Introduced 3/14/2018, 5-0)

Motion: Sanchez

Second: Kern

Approved: 5-0

Ordinance No. 18-OR0117-1

23.          City Council: Adoption 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 (Introduced 3/14/2018, 5-0)

Motion: Sanchez

Second: Kern

Approved: 5-0

Ordinance No. 18-OR0118-1

ADJOURNMENT

Adjourn to a Mayor/Council Workshop at 2:00 p.m. on Wednesday, April 4, 2018, regarding State Mandates for Organics

Adjourned with moment of silence for Herman Walker at 9:33 PM