MEETING AGENDA

August 21, 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 – Sanchez absent

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(b))

A)    PUBLIC EMPLOYEE APPOINTMENT

                        i.      City Manager

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.              Steven Stracke vs. City of Oceanside

Workers’ Compensation Claim Nos. 16-128770, 16-128328, 15582833, 2010000166, 2008000065, 17-128973

Workers’ Compensation Appeals Board Numbers: ADJ10693305, ADJ10693304, ADJ10693307, ADJ10693306

Item discussed in closed session

                       ii.              Mueller vs. City of Oceanside, AT&T, Inc.

Superior Court Case No.: 37-2018-00043090-CO-PO-NC

Item discussed in closed session

5:00 P.M.  –  ROLL CALL

PLEDGE OF ALLEGIANCE – Mayor Weiss

PROCLAMATIONS AND PRESENTATIONS

            Presentation – Employee Service Awards

            Presentation – Oceanside Girls Fast Pitch Softball

Presentations made

   CLOSED SESSION REPORT

4.             Closed Session report by City Attorney

Report given.

Item 2: City Council unanimously directed staff to discontinue the City Manager recruitment and to place a proposed contract with Deanna Lorson on the Agenda on the September 11, 2019 Meeting to serve as City Manager, to be effective following the retirement of Michelle Lawrence, anticipated in October of 2019.

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 August 7, 2019, 3:30 p.m. Regular Meeting

Motion to Approve Consent Calendar Items 5-22: Sanchez

Second: Rodriguez

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: X-X

7.             City Council: Approval of Closing Change Order 1 with Schilling Paradise Corporation of El Cajon in the amount of $313,289 for a final contract amount of $1,347,513 for the Jones Road Sewer Project; 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

Approved: X-X

Document No. 19-DXXXX-1

Document No. 19-DXXXX-1

8.             City Council: Approval of a purchase order in an amount not to exceed $27,100 to Downtown Ford Sales of Sacramento for one Ford Transit Connect Cargo Van for use by the Harbor Division; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: X-X

9.             City Council: Approval of four purchase orders for a van for the Police Department’s Homeless Outreach Team (HOT): 1) in an amount not to exceed $41,000 to Downtown Ford Sales of Sacramento for one 12-passenger Transit Van; 2) in an amount not to exceed $21,000 to CTEC of Downey for vehicle building; 3) in an amount not to exceed $7,100 to LEHR Auto of Anaheim for vehicle upfitting; 4) in an amount not to exceed $7,000 to BMS of Poway for one MCT computer for a total amount of $76,100 of which $45,599 is paid for by Measure X funds; and authorization for the Financial Services Director, or designee, to execute the purchase orders

Approved: X-X

10.          City Council: Approval of a purchase order in the amount of $246,075 to Life Line Emergency Vehicles of Sumner, Iowa, for the purchase of a Type III ambulance; authorization for the City Manager to sign an agreement to participate in the Houston-Galveston Area Council purchasing program; authorization of an additional $33,925 for the purchase of radios and equipment to be installed in the unit for a total amount of $280,000 paid for by Measure X funds; and authorization for the Financial Services Director, or designee, to execute the purchase order

Approved: X-X

Document No. 19-DXXXX-1

11.          City Council: Approval of the four-year Amended and Restated Integrated Fire Department Air Ambulance Agreement with REACH Air Medical Services, LLC, of Santa Rosa with revenue in the amount of $176,980 per year for total revenue of $707,920 for the four-year term for operation of emergency air medical transportation services; and authorization for the City Manager, or designee, to execute the agreement

Approved: X-X

Document No. 19-DXXXX-1

12.          City Council: Approval of Amendment 1 to the Amended and Restated Professional Service Agreement with JMM Diversified, Inc., dba Moody’s Excavating, to continue to operate a clean-fill material processing facility at El Corazon for an additional 15-year term with annual rent estimated at $360,000; and authorization for the City Manager to execute the amendment

Approved: X-X

Document No. 19-DXXXX-1

13.          City Council/CDC: Approval of amendments to three Professional Services Agreements (PSA) extending the terms of the agreements for one year to provide financial advisory services through September 6, 2020, with no direct fiscal impact: 1) Amendment 2 to the PSA with Keyser Marston Associations, Inc.; 2) Amendment 2 to the PSA with CSG Advisors Incorporated (previously doing business as CSG Advisors); 3) Amendment 4 to the PSA with PFM Financial Advisors LLC (previously doing business as the PFM Group); and authorization for the City Manager to execute the amendments

Approved: X-X

Document No. 19-DXXXX-1

Document No. 19-DXXXX-1

Document No. 19-DXXXX-1

14.          City Council: Approval of a three-year Professional Services Agreement with LAZ Parking of San Diego for a three-year total of $258,851 for parking meter revenue collections for all parking meters within the Downtown and Harbor District; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents

Approved: X-X

Document No. 19-DXXXX-1

15.          City Council: Approval of a five-year Professional Services Agreement with Cintas Corporation of Phoenix in an annual amount not to exceed $85,000 for a five-year total not to exceed $425,000 for uniform rental services for the Water Utilities Department; and authorization for the City Manager to execute the agreement

Approved: X-X

Document No. 19-DXXXX-1

16.          City Council: Approval of a six-month trial term Professional Services Agreement with InfoSend, Inc. (InfoSend) of Anaheim in the amount of $185,750 with a City-reserved two-year extension for a 30-month total not to exceed $928,750 for door tagging services for the Water Utilities Department; approval of a budget appropriation in the amount of $371,500 from the Water F/A Replacement unrestricted fund balance to cover the first 12 months of the contract; and authorization for the City Manager to execute the agreement

Approved: X-X

Document No. 19-DXXXX-1

17.          City Council: Approval of two Public Works Agreements for as-needed facilities painting maintenance services for the Water Utilities Department: 1) Painting and Décor, Inc. of Orange in an annual amount not to exceed $165,000; 2) Golden State Industrial Coatings of Murrieta in an annual amount not to exceed $165,000 for a combined total annual amount of $330,000; and authorization for the City Manager to execute the agreements

Approved: X-X

Document No. 19-DXXXX-1

Document No. 19-DXXXX-1

18.          City Council: Approval of plans and specifications for the Roja Lift Station Improvement Project; and authorization for the City Engineer to call for bids

Approved: X-X

19.          City Council: Adoption of a resolution approving Final Map No. T18-00001 for the 809 South Pacific Street project, a condominium project consisting of six multifamily units located on approximately 0.2 acres of land located at 809 South Pacific Street; and authorization for the City Clerk to record the Final map with the San Diego County Recorder

Approved: X-X

Resolution No. 19-RXXXX-1

20.          HDB: Adoption of a resolution accepting $636,024 in grant funds from the California Department of Parks and Recreation, Division of Boating and Waterways for the replacement of the transient vessel dock located in front of the Jolly Roger Restaurant; and authorization for the President to execute the grant documents

Approved: X-X

Resolution No. 19-RXXXX-2

21.          HBD: Approval of the Harbor and Beaches Advisory Committee FY 2019-21 Workplan

Approved: X-X

Document No. 19-DXXXX-2

22.          City Council/HBD/CDC/OPFA: Adoption of resolutions establishing the 2020 meeting schedule dates and times for regular meetings of the City Council, Small Craft Harbor District Board (HDB), Community Development Commission (CDC), and Oceanside Public Financing Authority (OPFA)

Approved: X-X

Resolution No. 19-RXXXX-1

Resolution No. 19-RXXXX-2

Resolution No. 19-RXXXX-3

Resolution No. 19-RXXXX-4

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.

23.             City Council: Adoption of a resolution formally limiting the number of medical cannabis cultivation facilities allowed within the city limits to no more than 12; and provide direction to staff to return with actions necessary to place a Cannabis Business Tax Measure on the November 2020 Ballot

A)    Report by Deanna Lorson, Assistant City Manager

B)    Discussion

C)    Recommendation – adopt the resolution and provide direction to staff

Report given

Motion to approve staff’s recommendation and to direct staff to explore expansion of the cultivation for recreational purposes: Sanchez

Second: Weiss

Approved: 4-1 (Feller – No)

Resolution No. 19-RXXXX-1

24.             City Council: Adoption of three resolutions related to the Special Municipal Election: 1) calling and giving notice of the Special Municipal Election to be held on Tuesday, March 3, 2020, for the proposed measure converting the City Clerk and City Treasurer positions from elected to appointed positions; 2) requesting the San Diego County Board of Supervisors to consolidate the Special Municipal Election with the Statewide Primary Election to be held on Tuesday, March 3, 2020, pursuant to Section 10403 of the Election Code; 3) setting priorities for filing written argument(s), providing for the filing of rebuttal arguments and directing the City Attorney to prepare an impartial analysis; and introduction of an ordinance amending Chapter 2, Article II, Section 2.1(d) of the Oceanside City code by making the positions of City Clerk and City Treasurer appointive by the City Manager subject to voter approval

A)    Report by Vaida Pavolas, Assistant City Clerk

B)    Discussion

C)    Recommendation – adopt the resolutions and introduce the ordinance

Report given

Motion: Rodriguez

Second: Feller

Approved: 4-1 (Sanchez – No)

Resolution No. 19-RXXXX-1

Resolution No. 19-RXXXX-1

Resolution No. 19-RXXXX-1

Ordinance Introduced

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.

25.             City Council/CDC: Introduction of ordinances amending Article 12 of the Zoning Ordinance and Chapter 14C of the City Code (ZA19-00006, ZO19-00001) and establish the amended text and Transit Overlay District (TOD) as part of the implementation plan (LCPA19-00006) of the Local Coastal Program (LCP); and adoption of a resolution requesting California Coastal Commission certification of said amendment; the subject amendment relates to mixed-use development regulations within the Downtown District; the primary suggested modifications are as follows:

 

·         Update the land use matrix Schedule D-1 to clarify and identify Downtown subdistricts that allow mixed-use development projects

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 ordinances and adopt the resolution

Report given

Motion: Weiss

Second: Feller

Approved: 5-0

Resolution No. 19-RXXXX-1

Ordinances Introduced

26.             City Council: Introduction of an ordinance amending Articles 10C, 11C, 13C and 30 (ZA16-00008) of the Comprehensive Zoning Ordinance (CZO) and the implementation plan (LCPA16-00005) of the Local Coastal Program (LCP) to incorporate California Coastal Commission’s suggested modifications and ensure consistency with Coastal Act policies; and adoption of a resolution requesting California Coastal Commission certification of the zoning ordinance text, as amended

 

The subject amendment will finalize a years-long collaborative effort by City and Coastal Commission staff, aimed at consolidating zoning regulations of the coastal zone (1986 Zoning Ordinance) and inland areas (1992 Zoning Ordinance) in a single document and recertify the updated coastal and citywide regulations of the CZO.  Specifically, this LCPA would incorporate and certify residential (Article 10C), commercial (Article 11C) and industrial (Article 13C) zoning district provisions applicable to coastal properties in the CZO, and update and recertify Articles 30 (Site Regulations) and Article 41 (Use Permits and Variances)

 

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

Report given

Motion: Rodriguez

Second: Feller

Approved: 4-1 (Sanchez – No)

Resolution No. 19-RXXXX-1

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.

27.             Advance written request to reserve time to speak by Fabio Marchi regarding the 2030 Broadway Project

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

MAYOR AND/OR COUNCILMEMBER ITEMS

29.          City Council: Request by Councilmember Keim and Mayor Weiss to direct staff, within 60 days, to develop a strategy to reduce crime and improve management at budget motels in Oceanside through methods such as establishing performance standards, implementing an inspection program, targeting excessive calls for service, providing crime prevention training including CPTED, and partnering with business organizations to offer operator education

Motion: Keim

Second: Weiss

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.

30.          City Council: Adoption of an ordinance adopting Zone Amendment (ZA19-00004) to incorporate the Coast Highway Incentive District as Article 9 (Introduced 8/14/2019; 4-1, Sanchez – No)

Motion: Rodriguez

Second: Weiss

Approved: 4-1 (Sanchez – No)

Ordinance No. 19-ORXXXX-1

ADJOURNMENT

The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, September 11, 2019

 

Adjourned at 7:54 p.m.

 

APPROVED BY COUNCIL/HDB/CDC/OPFA:

 

 

                                                                                                                  

                                                                   Zeb Navarro

                                                                   City Clerk, City of Oceanside