MEETING AGENDA

May 9, 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: City Operations Center, 4927 Oceanside Boulevard; Negotiating Parties: City of Oceanside and KOCT; 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: Portion of El Corazon (APN 162-082-51); Negotating 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

Items discussed in closed session

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

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

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

Items discussed in closed session

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

INVOCATION – Zack Beck

PLEDGE OF ALLEGIANCE – Zack Beck

PROCLAMATIONS AND PRESENTATIONS

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

Proclamation – National Water Safety Month

Presentation and proclamation 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 April 18, 2018, 2:00 p.m. Mayor/Council Workshop, and the April 25, 2018, 3:30 p.m. Regular Meeting .

Motion to Approve Consent Calendar Items 5-17, 18 (Bi-furcated), 19-20: 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 a purchase order in an amount not to exceed $137,151 to Industrial ENet of Wilsonville, Oregon for the purchase of 26 Closed Circuit Television (CCTV) cameras for the Transportation Management Center; 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 the amount of $90,720 to Oceanside Transportation Services, LLC of San Diego for the purchase of taxi scrip for the Senior Transportation Program; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5-0

9.             City Council: Approval of a purchase order in the amount of $90,700 to LEID Products of Auburn Hills, Michigan for the purchase of Police Department inventory control equipment; approval of the purchase as a sole-source; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5-0

10.          City Council: Approval to pay invoices from the County of San Diego in the amount of $161,462 as specified in the Regional Stormwater Memorandum of Understanding with the County of San Diego for regional and watershed stormwater compliance programs for FY 2017-18; and authorization for the Financial Services Director, or designee, to pay the invoices

Approved: 5-0

11.          City Council: Approval of Amendment 1 in an amount not to exceed $176,400 to the Professional Services Agreement with NIC Info Tek, Inc., for a revised contract amount of $225,400 extending the term of the agreement for one year through May 9, 2019 to provide continued support for the Utility Billing software system; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 18-D0xxx-1

12.          City Council: Approval of Amendment 1 to the Property Use Agreement with Cox Communications California, LLC, formerly named CoxCom Inc., for use of a City-owned conduit within the Benet Bridge solely for cable communications purpose, extending the term of the agreement retroactively from March 5, 2018, to March 4, 2028, for a ten-year minimum total revenue in the amount of $10,000; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 18-D0xxx-1

13.          City Council: Approval of a ten-year Property Use Agreement with the option for two additional terms of five years each with CCTM1 LLC to use a portion of City-owned real property at Guajome Reservoir located at 1398 Temple Heights Road for telecommunications purposes for a ten-year minimum total revenue in the amount of $396,000; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0xxx-1

14.          City Council: Approval of the scope of work for an Intersection Striping Project at various locations throughout the City for an estimated cost of $49,000; and authorization for the Public Works Director to call for bids

Approved: 5-0

15.          City Council: Approval of the purchase of an easement and temporary construction easement for sewer pipeline purposes, right of way and appurtenant uses encumbering property located near the northeast corner of Lotus Street and Pahvant Street (APN 146-121-08) from the Bettin Family Trust (03-26-93) for the purchase price of $2,000; and authorization for the City Clerk to record the easement with the San Diego County Recorder

Approved: 5-0

Document No. 18-D0xxx-1

Document No. 18-D0xxx-1

16.          City Council: Adoption of a resolution dedicating City property to extend Seagaze Drive between Cleveland Street and the North County Transit District Railway for public street and right of way and appurtenant uses; and authorization for the City Clerk to file a certified copy of the resolution with the San Diego County Recorder

Approved: 5-0

Resolution No. 18-R0xxx-1

 

17.          City Council: Adoption of a resolution approving the Final Map No. T-6-2006 for the Vista Pacific Subdivision project, a condominium project consisting of 16 multifamily units located on approximately 3.4 acres of land located on the east side of Rancho Del Oro just north of Vista Way; and authorization for the City Clerk to record the Final Map with the San Diego County Recorder

Approved: 5-0

Resolution No. 18-R0xxx-1

18.          City Council: Approval of the 2015-2020 Substantial Amendment to the Consolidated Plan and the FY 2018-19 Annual Action Plan of the Consolidated Plan for Housing and Community Development; authorization for the City Manager to submit the Plan to the U.S. Department of Housing and Urban Development for funds under the Community Development Block Grant and HOME Investment Partnership Programs; authorization for the City Manager to execute required documents for grant funds; and authorization for the Neighborhood Services Director to sign agreements with sub recipients of grant funds

Motion without Balderama Park: Sanchez

Second: Kern

Approved: 5-0

Document No. 18-D0xxx-1

 

Motion with Balderama Park: Weiss

Second: Kern

Approved: 4-0 (Sanchez – Recused)

Sanchez left the Council Chambers for the vote.

Document No. 18-D0xxx-1

19.          City Council: Approval of a Memorandum of Understanding (MOU) by and among the Cities of Carlsbad, Escondido, Oceanside, San Marcos, and Vista (78 Corridor Cities) to enter into a one-year services agreement with an optional one-year extension with San Diego Regional Economic Development Corporation (SDEDC) in the amount of $38,000 per year to continue funding of the Innovate 78 Economic Development Initiative; and authorization for the City Manager to execute the MOU

Approved: 5-0

Document No. 18-D0xxx-1

20.          City Council: Adoption of a resolution authorizing the City Manager, Financial Services Director, and the Fire Chief to execute documents related to state and federal disaster assistance through the California Office of Emergency Services and the Federal Emergency Management Agency

Approved: 5-0

Resolution No. 18-R0xxx-1

21.             City Council: Adoption of a resolution approving the newly created Bylaws for the Citizen Investment Oversight Committee

Motion: Kern

Second: Feller

Approved: 5-0

Resolution No. 18-R0xxx-1

Pulled for discussion by the public.

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.

22.             City Council: Certification of the sufficiency of the petition for the “An Initiative Measure Amending the Land Use Element of the Oceanside General Plan to Require Voter Approval of Proposals to Change the Land Use Designation or Zoning of Agricultural or Open Space Land to Any Other Use” and action to either adopt the measure without alteration or adopt the accompanying resolutions to place the measure before voters at the election on November 6, 2018

A)    Report by Zack Beck, City Clerk

B)    Discussion

C)    Recommendation – 1) Receive, file, and accept the Certificate of Sufficiency of Initiative Petition. 2) Review options and provide direction to staff on how the Council would like to proceed: a. Adopt the ordinance, without alteration. OR b. Submit the ordinance, without alteration, to the voters: i) Adopt a resolution calling an election ii) Adopt resolution requesting ROV services for a November 6, 2018 General Municipal Election. iii) Adopt a resolution authorizing Written Arguments, Rebuttal Arguments, and directing the City Attorney to prepare an impartial analysis OR c. Order a report on the initiative to be presented to the City Council within 30 days from tonight’s presentation of the Certificate of Sufficiency

Report given

Motion to place the “Initiative Measure Amending the Land Use Element of the City of Oceanside General Plan to Require Voter Approval of Proposals to Change the Land Use Designation or Zoning of Agricultural or Open Space Land to Any Other Use” on the November 6, 2018 ballot: Sanchez

Second: No second

 

Motion to Receive, file, and accept the Certificate of Sufficiency of Initiative Petition. Order a report on the initiative to be presented to the City Council within 30 days from tonight’s presentation of the Certificate of Sufficiency: Kern

Second: Feller

Approved: 5-0

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.

23.              City Council: Introduction of an ordinance amending Article 30, Section 3006 of the 1992 and Downtown Zoning Ordinances (ZA18-00001) and adoption of a resolution establishing the amended text of Article 30, Section 3006 as part of the implementing documents of the Local Coastal Program (LCPA18-00001) to establish revised Accessory Dwelling Unit (ADU) regulations conforming to the provisions of Government Code Section 65852.2 as amended by SB 229 and AB 494

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 Dmohowski, Associate Planner

E)    Recommendation – introduce the ordinance and adopt the resolution

Testimony given

Motion: Lowery

Second: Feller

Approved 5-0

Resolution No. 18-R0xxx-1

24.             City Council: 1)Adoption of a resolution certifying the Final Environmental Impact Report and adopting the Findings of Fact, the Mitigation, Monitoring, and Reporting Program (MMRP), and a Statement of Overriding Considerations for the Fairfield Inn and Suites Oceanside Boulevard;
2) adoption of a resolution approving General Plan Amendment (GPA15-00004) to change the land use designation of APN 152-320-37 from Single-Family Detached – Residential (SFD-R) to General Commercial (GC);3) introduction of an ordinance for Zone Amendment (ZA15-00009) to change the zoning designation of APN 152-320-37 from Single-Family Residential (RS) to Recreational Commercial (CR); and 4) adoption of a resolution granting the appeal of the Planning Commission’s denial of and approving Development Plan (D15-00022), Conditional Use Permit (CUP15-00023), Conditional Use Permit (CUP15-00024), and Variance (V15-00002) for a 99-room select service hotel located on the north side of Oceanside Boulevard between Vine Street and Clementine Street – Fairfield Inn and Suites Oceanside Boulevard - Applicant:  ABA Development, LLC; Appellant: ABA Development, LLC

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 Sergio Madera, Senior Planner

E)    Recommendation – introduce the ordinance and adopt the resolution

Testimony given

Motion to deny the general plan amendment, and affirm the decision of the planning commission and deny the appeal: Lowery

Second: No second

 

Motion to approve the project with the addition of a left turn signal at the hotel and a U-turn at Ditmar and Oceanside Blvd: Kern

Second: Feller

Approved: 3-2 (Sanchez, Lowery – No)

Ordinance introduced

Resolution No. 18-R0xxx-1

 

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.

25.             Advance written request to reserve time to speak by Ms. Cathy Nykiel regarding the Independence Parade and the MainStreet Markets

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

MAYOR AND/OR COUNCILMEMBER ITEMS

27.          Request from Councilmember Jerry Kern and Mayor Peter Weiss to approve Councilmember Kern’s request to travel outside the state using funds from his Business Unit Account, pursuant to Oceanside City Council Policy 100-60

Motion: Kern

Second: Kern

Approved: 5-0

 

GENERAL COUNCILMEMBER COMMENTS

 

None

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

The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, May 23, 2018

Adjourned at 9:08 p.m.