MEETING AGENDA

March 27, 2019

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                                          Jack Feller

                                                         

Councilmembers                               City Clerk

HDB Directors                                   HDB Secretary

CDC Commissioners                         CDC Secretary

OPFA Directors                                 OPFA Secretary

          Ryan Keim                                           Zeb Navarro

          Christopher Rodriguez

          Esther Sanchez                           City Treasurer

                                                          HDB/CDC/OPFA Treasurer

                                                                   Victor Roy

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 WTH REAL ESTATE NEGOTIATOR (SECTION 54956.8)

A)    CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Properties: 1) 2555 Guajome Lake Road, Vista, CA 92084-1610 (APN 157-412-14); 2) 2701 Guajome Lake Road, Oceanside, CA  92057-5636 (APN 157-412-13); 3) 2260 Glenview Lane, Vista, CA 92084-1619 (APN 159-080-31); and 4) 2511 North Santa Fe Avenue, Vista, CA  92084-1652 (APN 159-080-27); Negotiating Parties: City of Oceanside  and 1) Sadaharu Nishio and Emi Nishio, trustees of the Nishio Family Revocable Trust ; 2) Edith Hisako Mikamo, successor trustee of the Mikamo Family Trust; 3) Adrian M. Jaffer and Ann M. Laddon, trustees of the Jaffer and Laddon Trust; and 4) Elias Cadenas Lopez; Negotiator for the City: Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the acquisition of real property

Item discussed in closed session

3.             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.        Aaron Miller vs. City of Oceanside

Workers’ Compensation Claim No. 17-129677 (incorporated Claim No. 17-132077)

Workers’ Compensation Appeals Board Number: ADJ10765302

Item discussed in closed session

5:00 P.M.  –  ROLL CALL– All present

INVOCATION

PLEDGE OF ALLEGIANCE Miss Oceanside QueensXXX

 

 

 

PROCLAMATIONS AND PRESENTATIONS

            Presentation – Miss Oceanside Queens and Princesses

            Proclamation – Fair Housing Month

            Proclamation – Women’s History Month and Honoring Colleen O’Harra, recent inductee to the San                            Diego County Women’s Hall of Fame and former Oceanside City Councilmember

Presentation and 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 13, 2019, 3:30 p.m. Regular Meeting, and the March 20, 2019, 2:00 p.m. Mayor and Council Workshop

Motion to Approve Consent Calendar Items 5-19: SanchezXXX

Second: FellerXXX

Approved: 5x-0x

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: 5x-0

7.             City Council: Approval of a purchase order in an amount not to exceed $88,900 to Downtown Ford Sales of Sacramento for two Ford pickup trucks for the Water Department; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5x-0

8.             City Council: Approval of two purchase orders 1) in an amount not to exceed $272,700 to Downtown Ford Sales of Sacrament for seven Ford Pickup trucks, 2) in an amount not to exceed $55,000 to LEHR Auto Electric of Anaheim for vehicle upfitting and building for a total of $327,700 for the Fire Department; and authorization for the Financial Services Director, or designee, to execute the purchase orders

Approved: 5x-0

 

9.             City Council: Approval of an increase in the amount of $20,142 to an existing purchase order with Standard Plumber’s Supply for plumbing fixtures and supplies for a public restroom at the Harbor, bringing the revised purchase order amount to $62,457 and requiring Council approval; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5x-0

10.          City Council: Approval of an increase in the amount of $18,325 to an existing purchase order with Botsford Construction Inc. for additional demolition and installation of bathroom ceiling and insulation in a public restroom at the Harbor, bringing the revised purchase order amount to $98,692 and requiring Council approval; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: 5x-0

11.          City Council: Approval of Amendment 1 to the Property Use Agreement with Tower Optical Company, Inc., of South Norwalk, Connecticut, for the operation of six coin-operated binocular viewing machines on the Oceanside Municipal Pier, extending the term of the agreement retroactively from February 1, 2019, to January 31, 2020, for revenue to the City in the approximate amount of $2,700; and authorization for the City Manager to execute the amendment

Approved: 5x-0

Document No. 19-D0115-1

12.          City Council: Approval of Amendment 4 in the amount of $44,765 to the Professional Contractor Services Agreement with Ray White Cement for a revised contract amount of $617,268 for additional concrete work at the Harbor; and authorization for the City Manager to execute the amendment

Approved: 5x-0

Document No. 19-D0116-1

13.          City Council: Ratification of a Public Works Agreement in the amount of $583,000 with Cass Construction, Inc. dba Cass Arrieta of El Cajon for the emergency repair of the 42-inch secondary effluent line at the San Luis Rey Water Reclamation Facility; approval to appropriate $700,000 from the Sewer Fixed Asset Replacement Fund; authorization for the City Manager to execute the agreement; acceptance of improvements constructed by Cass Arrieta for the project; and authorization for the City Clerk to file a Notice of Completion with the San Diego County Recorder

Approved: 5x-0

Document No. 19-D0117-1

Document No. 19-D0118-1

14.          City Council: Approval of a five-year managed services agreement with Xerox Corporation, of Norwalk, Connecticut in a total contract amount not to exceed $2,189,717 total, approximately $437,944 annually, for lease payments for 42 Xerox machines, services of a full time Xerox employee to manager toner replacement, machine maintenance, automated monitoring and repairs of the leased Xerox fleet and 197 City-owned printers; and authorization for the City Manager to execute the agreement

Approved: 5x-0

Document No. 19-D0119-1

15.          City Council: Acceptance and filing of the Housing Element Annual Progress Report for calendar year 2018 pursuant to Government Code Section 65400

Approved: 5x-0

16.          City Council: Approval to accept $38,947 in grant funds from the FY 2018 Urban Area Security Initiative (UASI) awarded to the City for UASI-sponsored training and equipment purchase; approval to appropriate these funds to the Fire and Police Departments; and authorization for the City Manager, or designee, to execute all related grant documents

Approved: 5x-0

17.          City Council: Approval to accept a one-year Supportive Housing Program renewal grant in the amount of $145,091 from the U.S. Department of Housing and Urban Development (HUD); approval to appropriate the funds to the Neighborhood Services Department – Housing and Code Enforcement Division; approval of an agreement with the Women’s Resource Center to use the funds for operation of the 21-unit Transition House; and authorization for the City Manager to execute the grant documents and agreement

Approved: 5x-0

Document No. 19-D0120-1

18.          City Council: Adoption of a resolution authorizing the City to continue participation in the State of California Franchise Tax Board’s City/County Business Tax Program at no cost to the City; and authorization for the Financial Services Director to execute the program agreement

Approved: 5x-0

Resolution No. 19-R0121-1

Document No. 19-D0122-1

19.          City Council: Acceptance of the City Treasurer’s Report for the quarter ended December 31, 2018

Approved: 5x-0

CITY MANAGER ITEMS

 

20.          City Council: Second Quarter FY 2018-19 Financial Status Report and Approval of Budget Adjustments and Transfers

A)    Report by Jane M. McPherson, Financial Services Director

B)    Discussion

C)    Recommendation – approve the adjustments and transfers

Report given

Motion to approve the adjustments and transfers: Sanchez

Second: Feller

Approved: 5x-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.

21.             City Council: Consideration of converting the City Clerk and City Treasurer positions from elected to appointed, as directed by Council at the February 20, 2019, Mayor and City Council Workshop; and direction to staff

A)    Report by Vaida Pavolas, Assistant City Clerk

B)    Discussion

C)    Recommendation – provide direction to staff as to whether the positions should be appointed

Report given

Motion to convert the City Clerk and City Treasurer positions from elected to appointed and place it on the March 2020 Primary Election ballotxxx: Feller XXX

Second: RodriguezXXX

Approved: 4x-1 (Sanchez – No)

x

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 the 2019-20 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

Testimony given

Motion: Sanchez XXX

Second: FellerXXX

Approved: 5x-0x

Resolution No. 19-R0123-3

 

23.             City Council: Approval of the Fiscal Year 2019-20 Housing and Urban Development 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 program budget

Testimony given

Motion: SanchezXXX

Second: FellerXXX

Approved: 5x-0x

24.             City Council: Introduction of an ordinance amending Article 30, Section 3018 of the Comprehensive Zoning Ordinance and adoption of a resolution requesting California Coastal Commission certification of Section 3018 establishing the amended text, as part of the Implementation Plan of the Local Coastal Program in order to a) set forth regulations for certain exceptions to zoning district maximum building heights, where such exceptions are necessary to serve required functions to operate and maintain a building, access rooftop deck areas, for mechanical equipment and/or contribute to a building’s design (ZA19-00001); and b) establish the amended zoning ordinance text as part of the Local Coastal Program (LCPA19-00001)

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 with modifications: SanchezXXX

Second: WeissXXX

ApprovedFailed: 2x-3 (Keim, Rodriguez, Feller – No)x

 

Motion to approve staff’s recommendation with an additional provision allowing exceptions to base zoning district height limits  to exceed 10 ft. for structures subject to discretionary review (Section 3018 B. of the OZO), subject to approval of a Conditional Use Permit: Rodriguez

Second: Feller

Approved: 4-1 (Sanchez – No)

Ordinance introduced

Resolution No. 19-R0124-1

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: None

26.             Communications from the public regarding items not on this agenda - 7xx Speakers

MAYOR AND/OR COUNCILMEMBER ITEMS

27.          City Council: Request by Mayor Weiss to make recommendations to Regional Boards and Commissions and City/Harbor/CDC Advisory Group liaison positions

Motion: WeissXXX

Second: SanchezXXX

Approved 5x-0x

Recommendations made

28.             City Council: Request by Councilmembers Rodriguez and Keim for City staff to prepare an amendment to the Circulation Element of the General Plan to remove the Melrose Extension from North Santa Fe Drive to Spur Avenue

Item discussed

Motion for Staff to prepare an amendment to the Circulation Element of the General Plan to remove the Melrose extension from North Santa Fe Drive to Spur Avenue: RodriguezXXX

Second: KeimXXX

Approved: 5x-0x

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.

 

29.          City Council: Adoption of an ordinance amending Article 14, Sections 14 and 14.1 of the Oceanside Traffic Code by the addition and changes of various subsections to establish speed limits on various City streets (Introduced 3/13/2019, 5-0)

Motion: Sanchez

Second: Weiss

Approved: 5x-0x

Ordinance No. 19-OR0125-1

30.          City Council: Adoption of an ordinance repealing Article 18 of the 1986 zoning ordinance amending Articles 27 and 35 of the Comprehensive Zoning Ordinance and establishing the amended text, inclusive of Coastal Commission’s suggested modifications, as part of the Implementation Plan of the Local Coastal Program, citywide regulations for nonconforming uses and structures and expanding implementation of nonconforming use amortization overlay districts provisions within the coastal zone (Introduced 3/13/2019, 5-0)

Motion: SanchezXXX

Second: KeimXXX

Approved: 5x-0x

Ordinance No. 19-OR0126-1

 

ADJOURNMENT

The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, April 10, 2019

Adjourned at 8x:08xx p.m.

 

 

APPROVED BY COUNCIL/HDB/CDC/OPFA: __________

 

 

                                                                                                                  

                                                                   Zeb Navarro

                                                                   City Clerk, City of Oceanside