MEETING AGENDA

August 8, 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.             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

B)    CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: Portion of Ivey Ranch Park (APN 158-591-04); Negotiating Parties: City of Oceanside and Ivey Ranch Park Association, Inc.; Negotiator for the City: Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the use 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

Item discussed in closed session

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

INVOCATION – Pastor Doug Reid

PLEDGE OF ALLEGIANCE – Mayor Peter Weiss

PROCLAMATIONS AND PRESENTATIONS

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

Presentation – MAAC Head Start 2018 Community Needs Assessment

Presentations 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 June 20, 2018, 1:00 p.m. Mayor/Council Workshop and the June 20, 2018, 3:30 p.m. Regular Meeting

Motion to Approve Consent Calendar Items 5-17: 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 plans and specifications for the Haymar Drive Sewer Relocation Project; and authorization for the City Engineer to call for bids

Approved: 5-0

8.             City Council: Approval of Amendment 1 to the Property Use Agreement with the Oceanside Senior Citizens Association, Inc. for the non-exclusive and preferential non-exclusive use of the premises known as the Oceanside Senior Citizens Center located at 455 Country Club Lane for a period of five years retroactively to January 1, 2018, through December 31, 2022 for the provision of nutritional and educational programs and services to the senior citizens; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 18-D0384-1

9.             City Council: Approval of a Professional Services Agreement with Infrastructure Engineering Corporation of Oceanside in an amount not to exceed $352,402 for design services of the La Salina Sewer Force Main project; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0385-1

10.          City Council: Approval of three, three-year Professional Services Agreements for as-needed project management services for Capital Improvement Projects: 1) to Hoch Consulting of San Diego in the amount of $600,000 per year, 2) to Infrastructure Engineering Corporation of Oceanside in the amount of $291,000 per year, 3) to Tetra Tech of Irvine in the amount of $311,000 per year for a total of $1,202,200 per year for the Water Utilities Department; and authorization for the City Manager to execute the agreements

Approved: 5-0

Document No. 18-D0386-1

Document No. 18-D0387-1

Document No. 18-D0388-1

11.          City Council: Approval of a Professional Services Agreement with Dixon Resources Unlimited of San Diego in the amount of $79,850 for the preparation of a Downtown Parking Study and Action Plan; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0389-1

12.          City Council: Approval of a Professional Services Agreement with North County Lifeline in the amount of $60,000 for the Club Crown Heights After School Programs and Youth Development Program at the Crown Heights Community Resource Center effective July 1, 2018, through June 30, 2019; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0390-1

13.          City Council: Approval of a Professional Services Agreement with Vista Community Clinic in the amount of $75,000 for the Project REACH Program at the Libby Lake Community Center effective July 1, 2018, through June 30, 2019; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0391-1

14.          City Council: Approval of a Professional Services Agreement with Vista Community Clinic in the amount of $65,000 for the Project REACH Program at the Joe Balderrama Recreation Center effective July 1, 2018, through June 30, 2019; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 18-D0392-1

15.          City Council: Adoption of a resolution approving an agreement with the County of San Diego in the amount of $57,569 for the 2018 Regional Realignment Response Group (R3G); approval of the expenditure plan; approval to appropriate these funds to the Police Department; and authorization for the City Manager, or designee, to execute the agreement and all other required documents

Approved: 5-0

Resolution No. 18-R0393-1

16.          City Council: Adoption of a resolution authorizing the City to apply for and receive grant funds in the amount of approximately $2,623,500 for the United States Bureau of Reclamation’s (USBR) WaterSMART: Desalination Construction Projects Under the Water Infrastructure Improvements for the Nation Act (WIIN Act) for Fiscal Year 2018 for three groundwater extraction wells and reverse osmosis modifications; approval to appropriate the funds to the Water Utilities Department; and authorization for the City Manager to act on behalf of the City as signatory to accept grant funds

Approved: 5-0

Resolution No. 18-R0394-1

17.          City Council: Approval and adoption of the updated City of Oceanside Salary Schedule and Executive and Senior Management Salary Schedules retroactively effective July 1, 2018

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.

18.             City Council/CDC: Introduction of an ordinance repealing Articles 5, 7, 8, 10, 11, 12, 14, 14.5, 17, 32, 34, 40 and 41 of the 1986 Zoning Ordinance, amending Articles 10, 11, 13, 30 and 41, and adding Articles 10C, 11C, 13C to the Comprehensive Zoning Ordinance (ZA16-00008); and adoption of a resolution requesting California Coastal Commission certification of Articles 10C, 11C, 13C, 30 and 41 of the Comprehensive Zoning Ordinance (CZO) establishing the zoning ordinance text as part of the implementation plan of the Local Coastal Program (LCPA16-00005)

The proposed amendment will: a) consolidate the 1986 Zoning Ordinance provisions for residential, commercial and industrial districts within the City’s updated Zoning Ordinance (CZO); b) certify Zoning Ordinance Articles 10C, 11C, 13C, 30 and 41; and c) update references to decision-making bodies, City departments and management staff titles (This item is continued from Wednesday, June 20, 2018)

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: Lowery

Approved: 4-1 (Sanchez – No)

Ordinance introduced

Resolution No. 18-R0395-1

19.             City Council: Introduction of an ordinance amending Chapter 7, Article XIII of the Oceanside City Code and the Oceanside Comprehensive Zoning Ordinance (ZA18-00006) to update regulations concerning medical cannabis facilities pursuant to Council action of June 20, 2018, to allow medical cannabis delivery establishments (M-Type 9 Non-storefront Retailer) within the General Industrial (IG) and Limited Industrial (IL) zoning districts

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

Testimony given

Motion: Weiss

Second: Kern

Approved: 3-2 (Sanchez, Feller – No)

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.

20.             Advance written request to reserve time to speak by:

a.     Mr. James Roberge regarding the reinstallation of the emergency access gate entering Cavalier Mobile Estates from the north end of Stewart Street

b.     Mr. Victor Villasenor regarding the emergency access gate on Stewart Street and Hillside Lane

c.     Girl Scout Troop 1293 regarding compostable utensils and commercial composting (removed from the agenda)

21.             Communications from the public regarding items not on this agenda - 12 Speakers

MAYOR AND/OR COUNCILMEMBER ITEMS

22.             City Council: Request by Deputy Mayor Lowery and Councilmember Kern to direct staff to bring back to Council, as soon as possible, a resolution to support AB 1884 (straws upon request) and an ordinance to ban the distribution of plastic straws in the City of Oceanside

Motion to approve the resolution as written: Lowery

Second: Sanchez

Approved 5-0

Resolution No. 18-R0400-1

23.             City Council: Request by Mayor Weiss and Councilmember Feller for an update on the Corps of Engineers Harbor Dredging and San Luis Rey River Sediment Removal projects, discussion of the development of a City-sponsored Beach Sand Replenishment plan and project, and direction to staff

Motion to have staff create a report regarding sand replenishment in Oceanside: Weiss

Second: Feller

Approved: 5-0

24.             City Council: Request by Deputy Mayor Lowery and Councilmember Kern for a 10-minute presentation to Council by the South Morro Hills Vision Group on their vision for the area and direction to staff

Presentation made

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.

25.             City Council: Adoption of an ordinance amending Oceanside City Code Chapter 7, Article XII to require that business establishments with five or more shopping carts enter into an agreement with a shopping cart retrieval service or implement a shopping cart containment plan and provide proof to the City as part of the application to obtain or renew a business license (Introduced 6/20/2018, 5-0)

Motion: Sanchez

Second: Kern

Approved: 5-0

Ordinance No. 18-OR396-1

26.             City Council: Adoption of an ordinance for Zone Amendment (ZA13-00004) to change the zoning designation of APN 161-030-20 from Neighborhood Commercial (CN) to Commercial Professional (CP) for PA-1; and adoption of an ordinance for Zone Amendment (ZA15-00001) to change the zoning designations from Residential Estate B with a Scenic Park Overlay (RE-B-SP)for PA-2, PA-3, and the OS areas to a zoning designation of Planned Development with a Scenic Park Overlay (PD-28-SP) (Melrose +Oceanside - Applicant:  CWC Land Investments LLC) (Introduced 6/20/2018, 4-1, Sanchez-No)

Motion: Kern

Second: Weiss

Approved: 4-1 (Sanchez – No)

Ordinance No. 18-OR0397-1

Ordinance No. 18-OR0398-1

27.             City Council: City Council: Adoption of an ordinance amending the Oceanside Comprehensive Zoning             Ordinance (aka 1992 OZO) to update regulations concerning medical cannabis uses pursuant to Council direction on April 11, 2018, as follows:

1)    eliminate zoning ordinance text limiting medical cannabis cultivation facilities and medical cannabis nurseries to 22,000 square feet per legal lot, existing at the time of adoption of Ordinance 18-OR0199-1, and retain the 20% (max) lot coverage; 2) eliminate the 1,000 foot locational requirement buffer between all medical cannabis cultivation facilities and/or between all medical cannabis nurseries; 3) allow for waiver of locational requirements for medical cannabis facilities pursuant to Section 3605 of Article 36; and 4) clarify that the land use classification definition for medical cannabis manufacturing excludes propagation of medical cannabis (Introduced 6/20/2018, 3-2, Feller and Sanchez-No)

Motion: Kern

Second: Lowery

Approved: 3-2 (Feller, Sanchez – No)

Ordinance No. 18-OR0399-1


ADJOURNMENT

The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, August 22, 2018

 

Adjourned at 7:35 p.m.

 

APPROVED BY COUNCIL/HDB/CDC/OPFA:

 

 

                                                                                                                                               

                                                                                    Zack Beck

                                                                                    City Clerk, City of Oceanside