MEETING AGENDA

April 11, 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.             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.        Kern vs. City of Oceanside

Superior Court Case No.: 37-2017-00036651-CU-OR-NC

Item discussed in closed session

3.             CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)

A)    CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: 2008 North Harbor Drive, Oceanside Small Craft Harbor (portion of APN 143-120-09); Negotiating Parties: Oceanside Small Craft Harbor District and Pacific Suites, Inc.; Negotiators for the Harbor District: Douglas Eddow, Real Estate Manager and Ted Schiafone, Harbor Division Manager; Under Negotiations: Price and terms for the lease of real property

Item discussed in closed session

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

INVOCATION – Pastor Michael Obashar

PLEDGE OF ALLEGIANCE – Miss Oceanside and Miss Teen Oceanside

PROCLAMATIONS AND PRESENTATIONS

Proclamation – 2017 Miss Oceanside, Miss Teen Oceanside and Their Courts

Proclamation – Earth Month April 2018

Proclamations 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 March 21, 2018, 2:00 p.m. Council Workshop and the March 28, 2018, 3:30 p.m. Regular Meeting

Motion to Approve Consent Calendar Items 5-20: 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 2 to the Percentage Property Lease Agreement with Charles Anderson, dba Buccaneer Beach Club, for the premises located at 1508 South Pacific Street, extending the term of the agreement from April 1, 2018, through March 31, 2021, for a three-year minimum total revenue of $29,363; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 18-D0147-1

8.             City Council: Approval of Amendment 2 in the amount of $101,520 to the Professional Services Agreement with Golden State Industrial Coatings, Inc. for a revised contract amount of $517,220 for Water and Wastewater facilities painting services at the Mission Basin Groundwater Facility; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 18-D0148-1

9.             City Council: Approval of a Property Use Agreement with MainStreet Oceanside, Inc. for the use of City-owned property in the Downtown area to operate the Morning Farmers Market and the Sunset Market for a term of five years with the option of one additional five-year term, with payment to the City in the estimated amount of $37,000 annually for the actual cost of two overtime Oceanside Police Officers to patrol the Sunset Market; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0149-1

10.          City Council: Approval of a three-year agreement with Life Thru Soccer to stage a beach soccer tournament event on Harbor Beach on or about the first weekend in May from 2018 through 2020, with payment to the City in an amount not to exceed $7,500 for City services; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0150-1

11.          City Council: Approval of a four-year Landscape Maintenance Services Agreement with Executive Landscape, Inc., of Fallbrook in an annual amount not to exceed $553,800 for the landscape maintenance services and upkeep of the eleven Landscape Maintenance Assessment Districts; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0151-1

12.          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 the Oceanside Municipal Golf Course located at 825 Douglas Drive for telecommunications purposes, for a total revenue of $422,330 over the initial ten-year term; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0152-1

13.          City Council: Approval of a Professional Services Agreement with Separation Processes Inc., of Carlsbad in an amount not to exceed $155,000 for the Desalitech Brine Recovery Pilot Test Project at the Mission Basin Groundwater Purification Facility; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0153-1

14.          City Council: Approval of a Professional Services Agreement with Separation Processes, Inc. of Carlsbad in an amount not to exceed $37,476, bringing the cost of work completed for the Department in excess of $50,000 and requiring Council approval for continued as-needed Water Utilities Reverse Osmosis Membrane and Engineering Support consulting services; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0154-1

15.          City Council: Approval of a four-year Memorandum of Understanding (MOU) between the City of Oceanside and the San Diego Association of Governments (SANDAG) establishing the shared program responsibilities with respect to mandatory participation and contribution in the Regional Shoreline Monitoring Program; and authorization for the City Manager to execute the MOU

Approved: 5-0

Document No. 18-D0155-1

16.          City Council: Adoption of a resolution establishing a Stop Sign on San Luis Rey Road at Airport Road

Approved: 5-0

Resolution No. 18-R0156-1

17.          City Council: Adoption of resolutions initiating the proceedings for the FY 2018-19 annual renewal of the City’s eleven Landscape Maintenance Assessment District; and setting a public hearing for May 23, 2018, at 6:00 p.m. for the 1) Del Oro Hills, 2) Douglas Park, 3) Guajome Ridge, 4) Mar Lado Highlands, 5) Mission Meadows, 6) Peacock Hills, 7) Rancho Hermosa, 8) Santa Fe Mesa, 9) Sunburst Homes, 10) Sunset Hills, and 11) Vista Del Rio Landscape Maintenance District proposed assessments

Approved: 4-0-1 (Lowery – Recuse)

1)         Del Oro Hills

Resolution No. 18-R0157-1 Prepare Report

Resolution No. 18-R0158-1 Approve Report

Resolution No. 18-R0159-1 Set Public Hearing

 

2)         Douglas Park

Resolution No. 18-R0160-1 Prepare Report

Resolution No. 18-R0161-1 Approve Report

Resolution No. 18-R0162-1 Set Public Hearing

 

3)         Guajome Ridge

Resolution No. 18-R0163-1 Prepare Report

Resolution No. 18-R0164-1 Approve Report

Resolution No. 18-R0165-1 Set Public Hearing

 

4)         Mar Lado Highlands

Resolution No. 18-R0166-1 Prepare Report

Resolution No. 18-R0167-1 Approve Report

Resolution No. 18-R0168-1 Set Public Hearing

 

5)         Mission Meadows

Resolution No. 18-R0169-1 Prepare Report

Resolution No. 18-R0170-1 Approve Report

Resolution No. 18-R0171-1 Set Public Hearing

 

6)         Peacock Hills

Resolution No. 18-R0172-1 Prepare Report

Resolution No. 18-R0173-1 Approve Report

Resolution No. 18-R0174-1 Set Public Hearing

 

7)         Rancho Hermosa

Resolution No. 18-R0175-1 Prepare Report

Resolution No. 18-R0176-1 Approve Report

Resolution No. 18-R0177-1 Set Public Hearing

 

8)         Santa Fe Mesa

Resolution No. 18-R0178-1 Prepare Report

Resolution No. 18-R0179-1 Approve Report

Resolution No. 18-R0180-1 Set Public Hearing

 

9)         Sunburst Homes

Resolution No. 18-R0181-1 Prepare Report

Resolution No. 18-R0182-1 Approve Report

Resolution No. 18-R0183-1 Set Public Hearing

 

10)     Sunset Hills

Resolution No. 18-R0184-1 Prepare Report

Resolution No. 18-R0185-1 Approve Report

Resolution No. 18-R0186-1 Set Public Hearing

 

11)     Vista Del Rio Landscape Maintenance District

Resolution No. 18-R0187-1 Prepare Report

Resolution No. 18-R0188-1 Approve Report

Resolution No. 18-R0189-1 Set Public Hearing

 

18.          City Council: Adoption of resolutions initiating the proceedings for the FY 2018-19 annual renewal of the Oceanside Lighting District, Assessment District No. 2-1991; and setting a public hearing for May 23, 2018, at 6:00 p.m. to confirm the assessments

Approved: 5-0

Resolution No. 18-R0190-1 Prepare Report

Resolution No. 18-R0191-1 Approve Report

Resolution No. 18-R0192-1 Set Public Hearing

19.          City Council: Approval of the FY 2017-2019 Workplan for the Library Board of Trustees

Approved: 5-0

Document No. 18-D0193-1

20.          City Council: Adoption of a resolution approving and implementing the Memorandum of Understanding (MOU) between the City of Oceanside and the Oceanside Police Management Association (OPMA) retroactively effective January 1, 2018, through December 31, 2019

Approved: 5-0

Resolution No. 18-R0194-1

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.

21.             City Council: Authorization to award a contract in an amount not to exceed $1,080,245 to Sancon Technologies, Inc. of Huntington Beach for the Mesa-Garrison Gravity Line Access Improvements and Cured-In-Place (CIPP) Lining Project; approval to appropriate additional funds in the amount of $1,000,000 from the Sewer Fixed Asset Replacement fund; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents

A)    Report by Greg Keppler, Principal Water Engineer

B)    Discussion

C)    Recommendation – award the contract

Motion: Sanchez

Second: Kern

Approved 5-0

Document No. 18-D0195-1

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.

22.             CDC: Adoption of a resolution approving Development Plan (RD17-00002) and Regular Coastal Permit (RRP17-00004) for the development of a three-unit residential apartment complex located at 519 North Tremont Street, within the non-appealable jurisdiction of the Local Coastal Zone – 519 North Tremont Street Apartments – Applicant: Covell Family

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 Scott Nightingale, Senior Planner

E)    Testimony by applicant, if requested

F)    Recommendation – adopt the resolution

Motion: Sanchez

Second: Kern

Approved 5-0

Resolution No. 18-R0196-3

23.             CDC: Adoption of a resolution approving Tentative Parcel Map (RP17-00004), Development Plan (RD17-00006), and Regular Coastal Permit (RRP17-00008) to allow the construction of a three-story two unit condominium development located at 152 South Myers Street, within the non-appealable jurisdiction of the Local Coastal Zone – 152 South Myers Street Condominiums – Applicant: Chris Coglianese

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 Scott Nightingale, Senior Planner

E)    Testimony by applicant, if requested

F)    Recommendation – adopt the resolution

Motion: Kern

Second: Feller

Approved 4-1 (Sanchez – No)

Resolution No. 18-R0197-3

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.

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

25.             Communications from the public regarding items not on this agenda – 2 Speakers

MAYOR AND/OR COUNCILMEMBER ITEMS

26.             City Council: Request by Deputy Mayor Lowery and Councilmember Kern for staff to begin planning for an electronic messaging sign for Civic Center Plaza which would communicate community events, meeting schedules, and public safety messaging, and place an appropriate amount of funds in the upcoming Capital Improvement Projects budget.

 

Motion to set aside money from the CIP Budget for a digital display board, send back to staff and the appropriate committees/commissions for the design of the sign: Kern

Second: None

Motion died for lack of a second.

GENERAL COUNCILMEMBER COMMENTS

 

No 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.

27.             City Council/HDB: Adoption 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 (Introduced March 28, 2018, 5-0)

Motion: Sanchez

Second: Kern

Approved: 5-0

Ordinance No. 18-OR0198-1

28.             City Council: Adoption of an ordinance amending the Oceanside Comprehensive Zoning Ordinance (aka 1992 OZO) and Chapter 7 Article XIII of the Oceanside City Code 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 (Introduced March 28, 2018, 4-1, Feller-No)

Motion: Sanchez

Second: Kern

Approved: 3-2 (Lowery, Feller – No)

Ordinance No. 18-OR0199-1

 

Motion to have a workshop on June 20, 2018 at 1:00PM to discuss the 1000 foot set back, the 1 unit per APN number and to have a report from the Oceanside Police Department regarding dispensaries: Kern

Second: Lowery

Approved: 3-2 (Sanchez, Feller – No)

ADJOURNMENT

            Adjourn to a Mayor/Council Workshop at 2:00 p.m. on Wednesday, April 18, 2018, regarding the     FY 2018-19 Budget Adoption

Adjourned at 8:05 p.m.