MEETING AGENDA

April 10, 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 was not discussed in closed session

2.             PUBLIC EMPLOYEE APPOINTMENT, PUBLIC EMPLOYMENT, PERSONNEL EVALUATION AND DISCIPLINE (SECTION 54957)

A)    PUBLIC EMPLOYEE PERFORMANCE EVALUATION

                              i.        City Manager

                             ii.        City Attorney

Item discussed in closed session

3.             CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8)

A)    CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Property: 7.38 acre vacant parcel of land near Pala Road and Los Arbolitos Boulevard (APN 158-301-46); Negotiating Parties: City of Oceanside and Concordia Homes; Negotiator for the City: Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the sale of real property

Item discussed in closed session

4.             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 Shawn MitchellXXX

PLEDGE OF ALLEGIANCE Shawn Mitchell

XXX

PROCLAMATIONS AND PRESENTATIONS

Presentation – Mayor’s Business Member Spotlight

Presentation – Meals on Wheels

Proclamation – Earth Month

Proclamation – Rotary Day

Presentations and proclamations made

CLOSED SESSION REPORT

5.             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.

6.             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 27, 2019, 3:30 p.m. Regular Meeting

Motion to Approve Consent Calendar Items 6,7, 9-14, 16-24 (Item #8 pulled by City Attorney, #15 pulled for discussion): SanchezXXXXXX

Second: FellerXXXXXX

Approved: 5-0xx-xx

7.             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: x5x-x0

x

8.             City Council: Approval of Closing Change Order 1 as a credit in the amount of $261,439 for a final contract amount of $772,785 with Schilling Paradise Corporation of El Cajon for the Jones Road Sewer Project and assessment of $303,000 for liquidated damages resulting from a schedule delay; authorization for the City Engineer to execute the Change Order; acceptance of improvements constructed by Schilling Paradise Corporation; and authorization for the City Clerk to file a Notice of Completion with the San Diego County Recorder

Item removed from the agenda by the City Attorney.Approved: xx-x

Document No. 19-DXXXX-1

Document No. 19-DXXXX-1x

9.             City Council: Approval of Change Order 4 in the amount of $652,592 to CDM Constructors for the San Luis Rey Water Reclamation Facility Recycled Water Treatment Plan Design Building Project for construction of a pressure reducing station to connect the Fallbrook Land Outfall to the City’s Land Outfall for a revised contract amount of $15,740,306; approval of a budget appropriation in the amount of $1,000,000 from the Water Connection Fees Fund; and authorization for the City Engineer to execute the Change Order

Approved: 5-0xx-x

Document No. 19-DXXXXD0153-1x

x

10.          City Council: Approval of increases to two existing purchase orders for additional supplies for the Public Works Maintenance and Operations Division 1) in the amount of $20,000 to the purchase order with McCain Traffic Supply for a revised amount of $70,000, 2) in the amount of $5,000 to the purchase order with T.S. Industrial Supply for a revised amount of $72,500; and authorization for the Financial Services Director, or designee, to execute the purchase orders

Approved: 5-0x-x

11.          City Council: Approval of a Professional Services Agreement in an amount of $1,200 annually plus twenty-five percent (25%) of all new transaction or use tax revenue received by the City as a result of audit and recovery work performed by Hinderliter, de Llamas and Associates (HdL) estimated at $5,000 annually for Measure X sales and use tax services; and authorization for the City Manager to execute the agreement

Approved: 5-0xx-x

Document No. 19-DXXXXD0154-1xx

12.          City Council: Approval of Amendment 2 in an amount not to exceed $197,600 to the Professional Services Agreement with NIC Info Tek, Inc. for a revised contract amount of $423,000 extending the term of the agreement through May 31, 2020, to provide continued support for the utility billing software system; and authorization for the City Manager to execute the amendment

Approved: 5-0xx-x

Document No. 19-DXXXXD0155-1xx

13.          City Council: Approval of Amendment 1 in the amount of $500,496 to the Professional Services Agreement with Tetra Tech, Inc. for a revised contract amount of $1,814,467 for design services of the La Salina Lift Station and La Salina Wastewater Treatment Plant Decommissioning Project; and authorization for the City Manager to execute amendment

Approved: 5-0xx-x

Document No. 19-DXXXXD0156-1xx

14.          City Council: Approval of Amendment 1 in the amount of $67,563 to the Professional Services Agreement with MBN Group Architects, Inc. for a revised contract amount of $116,813 for the Jones Road Tenant Improvements Final Design Services; and authorization for the City Manager to execute the amendment

Approved: 5-0xx-x

Document No. 19-DXXXXD0157-1xx

15.          City Council: Approval of a Professional Services Agreement with Environmental Science Associates of San Diego in the amount of $399,983 for planning, design, environmental documentation and regulatory permitting services for Phase 1 of the Loma Alta Slough Wetlands Enhancement Project; and authorization for the City Manager to execute the agreement

 

Item pulled for discussion by Deputy Mayor Feller.

        Motion: Feller

Second: Sanchez

Approved: 5-0xx-x

Document No. 19-DXXXXD0158-1xx

16.          City Council: Acceptance of improvements completed by Doherty Concrete of Oceanside for the Maxson Landfill Emergency Storm Drain Project on the slope south of Country Club Lane and the Maxson Landfill; and authorization for the City Clerk to file a Notice of Completion with the San Diego County Recorder

Approved: 5-0xx-x

Document No. 19-DXXXXD0159-1xx

17.          City Council: Authorization to award a contract in the amount of $218,000 to Reed Family Enterprises, Inc. of Temecula for the Fire Station Number 4 Remodel Project; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents

Approved: 5-0xx-x

Document No. 19-DXXXXD0160-1xx

18.          City Council: Authorization to award a contract in the amount of $413,033 to Blue Pacific Engineering & Construction of San Diego for the Mission Avenue Median Improvement Project between Carolyn Circle and Foussat Road; approval to appropriate $139,032 to the project account from the Unallocated Transnet Program account; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents

Approved: 5-0xx-x

Document No. 19-DXXXXD0161-1xx

19.          City Council: Adoption of a resolution authorizing the City to apply for and receive grant funds in an amount up to $1,500,000 for the United States Bureau of Reclamation’s (USBR) WaterSMART: Water and Energy Efficiency Projects for Fiscal Year 2019 for the Advanced Metering Infrastructure (AMI) Design and Implementation Project; 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 grand funds

Approved: 5-0xx-x

Resolution No. 19-RXXXXR0162-1 x

20.          City Council: Approval to accept $131,011 in grant funds from the 2018 State Homeland Security Program (SHSP) awarded to the City; approval to appropriate these funds to the Police and Fire Departments; and authorization for the City Manager, or designee, to execute all related grant documents

Approved: 5-0xx-xx

21.          City Council: Adoption of resolutions initiating the proceedings for the FY 2019-20 annual renewal of the City’s eleven Landscape Maintenance Assessment Districts; and setting a public hearing for May 22, 2019, 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: 5-0x-x

1)         Del Oro Hills

Resolution No. 19-RXXXXR0163-1 Prepare Report

Resolution No. 19-RXXXXR0164-1 Approve Report

Resolution No. 19-RXXXXR0165-1 Set Public Hearing

 

2)         Douglas Park

Resolution No. 19-RXXXXR0166-1 Prepare Report

Resolution No. 19-RXXXXR0167-1 Approve Report

Resolution No. 19-RXXXXR0168-1 Set Public Hearing

 

 

3)         Guajome Ridge

Resolution No. 19-RXXXXR0169-1 Prepare Report

Resolution No. 19-RXXXXR0170-1 Approve Report

Resolution No. 19-RXXXXR0171-1 Set Public Hearing

 

4)         Mar Lado Highlands

Resolution No. 19-RXXXXR0172-1 Prepare Report

Resolution No. 19-RXXXXR0173-1 Approve Report

Resolution No. 19-RXXXXR0174-1 Set Public Hearing

 

5)         Mission Meadows

Resolution No. 19-RXXXXR0175-1 Prepare Report

Resolution No. 19-RXXXXR0176-1 Approve Report

Resolution No. 19-RXXXXR0177-1 Set Public Hearing

 

6)         Peacock Hills

Resolution No. 19-RXXXXR0178-1 Prepare Report

Resolution No. 19-RXXXXR0179-1 Approve Report

Resolution No. 19-RXXXXR0180-1 Set Public Hearing

 

7)         Rancho Hermosa

Resolution No. 19-RXXXXR0181-1 Prepare Report

Resolution No. 19-RXXXXR0182-1 Approve Report

Resolution No. 19-RXXXXR0183-1 Set Public Hearing

 

8)         Santa Fe Mesa

Resolution No. 19-RXXXXR0184-1 Prepare Report

Resolution No. 19-RXXXXR0185-1 Approve Report

Resolution No. 19-RXXXXR0186-1 Set Public Hearing

 

9)         Sunburst Homes

Resolution No. 19-RXXXXR0187-1 Prepare Report

Resolution No. 19-RXXXXR0188-1 Approve Report

Resolution No. 19-RXXXXR0189-1 Set Public Hearing

 

 

 

10)     Sunset Hills

Resolution No. 19-RXXXXR0190-1 Prepare Report

Resolution No. 19-RXXXXR0191-1 Approve Report

Resolution No. 19-RXXXXR0192-1 Set Public Hearing

 

 

 

 

11)     Vista Del Rio Landscape Maintenance District

Resolution No. 19-RXXXXR0193-1 Prepare Report

Resolution No. 19-RXXXXR0194-1 Approve Report

Resolution No. 19-RXXXXR0195-1 Set Public Hearingxx

22.          City Council: Approval to modify the Public Works Department Position Control by eliminating one (1) vacant Administrative Secretary (PCN AD21HB01), and adding one (1) new Administrative Analyst I position at a net-new annual cost of $13,000 to establish an organization structure that will meet the Harbor Administration current and anticipated needs

Approved: 5-0xx-xx

23.          City Council: Approval to modify Public Works the Position Control by eliminating two (2) vacant Maintenance Worker II positions (PCN MA10PW03 and PCN MA10HB07) and replace them with two (2) new Maintenance Worker III positions, at a net-new annual cost of $2,485 per position, to create an organizational structure that will more efficiently meet the anticipated needs of the Police/Library Building and Beach Maintenance

Approved: 5-0xx-xx

24.          City Council: Adoption of a resolution approving and implementing the Memorandum of Understanding between the City of Oceanside and the Oceanside Police Officers’ Association retroactively effective January 1, 2019, through December 31, 2021

Approved: 5-0xx-x

Resolution No. 19-RXXXXR0196-1 xx

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.

25.             HDB: Approval of an Amended and Restated Design/Build Public Works Agreement in an amount not to exceed $3.12 million with Bellingham Marine Industries, Inc., of Bellingham, Washington, for design, permitting, and replacement of J – Dock at the Oceanside Harbor; and authorization for the City Manager to execute the agreement

A)    Report by Ted Schiafone, Harbor Division Manager

B)    Discussion

C)    Recommendation – approve the agreement

Report given

Motion to approve the amended and restated Design/Build Public Works Agreement: SanchezXXX

Second: RodriguezXXX

Approved: 5x-0x

Document No. 19-DXXXXD0197-2xx

26.          City Council: Introduction of an ordinance adding Oceanside City Code Section 2.52 to clarify that public projects funded by Measure X sales tax proceeds and alternate funding for the Aquatic Center at El Corazon are not subject to voter approval under uncodified Ordinance 84-19

A)    Report by Deanna Lorson, Assistant City Manager

B)    Discussion

C)    Recommendation – introduce the ordinance

Report given

Motion to approve introduction of the ordinance: SanchezXXX

Second: FellerXXX

Approved: 5x-0x

Ordinance introduced

27.             City Council: Approval of a loan agreement in an amount not to exceed $1,712,00 with Viri Estates, LLC for the construction of a 94-room residential care facility containing eight affordable assisted living units located at the northwest corner of Dixie and Grace Streets; and authorization for staff to execute all related documents including a Regulatory Agreement

A)    Report by Margery Pierce, Housing and Neighborhood Services Director

B)    Discussion

C)    Recommendation – approve the agreement

Report given

Motion to approve a loan agreement with the terms of the loan to be at the rate of six percent interest only, payment starting in the year five: Rodriguez

 

Motion to approve loan agreement with the terms of the loan at 6% interest to approve the loan agreement: RodriguezXXX

Second: WeissXXX

Approved: 5x-0x

Document No. 19-DXXXXD0198-1xx

Document No. 19-DXXXXD0199-1xx

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.

28.          City Council: Adoption of a resolution approving a Conditional Use Permit (CUP18-00022) and a Wavier of Locational Criteria to allow a “massage establishment” within an existing approximately 1,800-square foot commercial tenant space located at 1816 Oceanside Boulevard, Suite B – Vila Massage – Applicant: Ling Gao, LLC (This item is being continued to 6:00 p.m. on Wednesday, May 8, 2019)

29.          CDC: Adoption of a resolution approving a Development Plan (RD18-00001), Conditional Use Permit (RCUP18-00001 & RCUP18-00005), and Regular Coastal Permit (RRP18-00001) for the construction and operation of a 117-unit hotel with a 3,531-square-foot restaurant, 1,928 square feet of event space, a private pool for hotel guests, 153 basement and surface parking stalls and associated landscaping located at 1103 North Coast Highway – Marriott Residence Inn & Restaurant – Applicant: Shantu Patel (This item is being continued to 6:00 p.m. on Wednesday, April 24, 2019)

30.          City Council: Adoption of a resolution upholding Planning Commission Resolution No. 2018-P63 approving Tentative Map (T15-00009) and Development Plan (D15-00021) to allow a one (1) lot subdivision for condominium purposes and development of a 48-unit townhome complex on a 7.78 acre vacant parcel (APNs 168-020-64 & 168-030-45) located on the south side of Sunset Drive, east of Sky Haven Lane – Emerald Ridge – Applicant RG 112, LLC; Appellant: Barbara De La Torre (This item is being continued to 6:00 p.m. on Wednesday, April 24, 2019)

31.             City Council: Approval of the franchise provider’s annual request for Consumer Price Index adjustment to contractor compensation under the City’s solid waste service contract with Waste Management of California, Inc.; and adoption of a resolution establishing maximum rates for the collection of waste matter within the City of Oceanside by adjusting the current solid waste rates by an amount not to exceed 2.53 percent, resulting in a maximum increase of 44 cents ($.44) for the basic residential solid waste and recycling rate and a maximum increase of 2.53 percent to all other rates for services provided under the solid waste contract

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 Colleen Foster, Environmental Officer

E)    Recommendation – adopt the resolution

Testimony given

Motion: SanchezXXX XXX

Second: FellerXXXXXX

Approved: 5xx-0xx

Resolution No. 19-RXXXXR0200-1xx

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.

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

33.             Communications from the public regarding items not on this agenda - 5xxx Speakers

MAYOR AND/OR COUNCILMEMBER ITEMS

            None

   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.

34.          City Council: Adoption of an ordinance amending Article 30, Section 3018 of the Comprehensive Zoning Ordinance 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) (Introduced 3/27/19, 4-1, Sanchez - No)

Motion: FellerXXX

Second: RodriguezXXX

Approved: 4xx-1 (Sanchez – No)xx

Ordinance No. 19-ORXXXXOR0201-1

ADJOURNMENT

            Adjourn to a Mayor/Council Workshop at 2:00 p.m. on Wednesday, April 17, 2019, regarding the     FY 2019-20 Budget

Adjourned at 6xx:19xxxx p.m.

 

APPROVED BY COUNCIL/HDB/CDC/OPFA: __________

 

 

                                                                                                                  

                                                                   Zeb Navarro

                                                                   City Clerk, City of Oceanside