MEETING AGENDA

December 4, 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.             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.        Thomas Schraeder vs. City of Oceanside

Workers’ Compensation Claim No. 16-128605

Workers’ Compensation Appeals Board Number: ADJ 10601911

 

                             ii.        Joseph Ward vs. City of Oceanside

Workers’ Compensation Claim No. 17-1317644

Workers’ Compensation Appeals Board Number: NA

Item discussed in closed session

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

INVOCATION

   PLEDGE OF ALLEGIANCE – Mayor Weiss

   PROCLAMATIONS AND PRESENTATIONS

Presentation – Mayor’s Business Member Spotlight

Presentation – Recognition of Oceanside Warrior 11u Football Team

Proclamation – Remembrance for All Victims of Gun Violence

Presentations and Proclamation made

      CLOSED SESSION REPORT

3.             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.

4.             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 November 20, 2019, 3:30 p.m. Regular Meeting

Motion to Approve Consent Calendar Items 4-16: Sanchez

Second: Keim

Approved: 5-0

5.             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

6.             City Council: Approval of increases to three purchase orders for supplies to repair damaged traffic signals: 1) in the amount of $33,887 to California Electric Supply for a revised total of $110,436, 2) in the amount of $8,753 to NexTech Systems Inc. for a revised total of $28,753, 3) in the amount of $30,000 to McCain Traffic for a revised total of $80,000; and authorization for the Financial Services Director, or designee to execute the purchase orders

Approved: 5-0

7.             City Council: Approval of Amendment 1 in the amount of $6,971 to the Professional Contractor Services Agreement with Powerclean for a revised contract price of $311,105 for additional pressure washing services in the Harbor; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 19-D0736-1

8.             City Council: Approval of Amendment 1 in the amount of $119,000 to the Professional Services Agreement with Tory Walker Engineering, Inc. for a revised contract amount not to exceed $359,000 for on-call Stormwater Land Development services for the Engineering Division; approval of a budget appropriation in the amount of $26,700 from the Drainage DIF Fund; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 19-D0737-1

9.             City Council: Approval of Amendment 2 in the amount of $66,700 to the Professional Services Agreement with Hoch Consulting for a revised contract amount of $807,020 for engineering support services during construction of the San Luis Rey Water Reclamation Facility Recycled Water Treatment Plant Design Build Project; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 19-D0738-1

10.          City Council: Approval of a Professional Services Agreement with MKN & Associates of Arroyo Grande in the amount of $777,920 for contract management and inspection services for three sewer lift station projects; and authorization for the City Manager to execute the agreement
Approved: 5-0

Document No. 19-D0739-1

11.          City Council: Approval of three Professional Services Agreements for construction management services for Capital Improvements Projects for the Water Utilities Department each in an annual amount of $250,000 for a three-year amount not to exceed $750,000 with: 1) MKN & Associates of Arroyo Grande, 2) Dudek of Encinitas, 3) NV5 of Oceanside; and authorization for the City Manager to execute the agreements

Approved: 5-0

Document No. 19-D0740-1

Document No. 19-D0741-1

Document No. 19-D0742-1

12.          City Council: Approval of two five-year Professional Services Agreements 1) in the five-year amount of $200,000 with Keyser Marston Associates, Inc., 2) in the five-year amount of $220,000 with Economic & Planning Systems, Inc. for on-call contract financial advisory services including the preparation of a Parks Impact Fee and Nexus Study for the Development Services Department; and authorization for the City Manager to execute the agreements

Approved: 5-0

Document No. 19-D0743-1

Document No. 19-D0744-1

13.          City Council: Approval of a Voluntary Collection Agreement with HOMEAWAY.COM Inc., of Delaware (HomeAway) for collection and remittance of Transient Occupancy Tax (TOT) and Oceanside Tourism Marketing District (OTMD) assessment; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 19-D0745-1

14.          City Council: Adoption of resolutions approving the submission of applications for the 2019 State of California Proposition 68 grant funds for 1) the Jefferson Middle School Football Field and Track Renovation, and 2) the Padre Field Renovation; and authorize the City Manager to execute all related grant documents

Approved: 5-0

Resolution No. 19-R0746-1

Resolution No. 19-R0747-1

 

15.          City Council: Adoption of resolutions 1) authorizing staff to submit an application for Clean Water State Revolving Fund (CWSRF) Financial Assistance, 2) authorizing reimbursement of CSWRF funds, 3) pledging revenues and funds available for reimbursement of CWSRF Financial Assistance for the Upper Recycle Water Project; consideration of the Third Addendum to the Program Environmental Impact Report (PEIR) for the North San Diego Water Reuse Coalition Regional Recycled Water Project as modified by the First and Second Addendum; and authorization for the City Manager to execute related financial documents

Approved: 5-0

Resolution No. 19-R0748-1

Resolution No. 19-R0749-1

Resolution No. 19-R0750-1

16.          City Council: Approval and adoption of the updated City of Oceanside Salary Schedule retroactively effective July 14, 2019, due to recent completion of Oceanside Police Officers’ Association (Non-sworn) negotiations

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. 

17.             City Council: Authorization to award a contract in an amount not to exceed $8,458,312 to TC Construction Company, Inc. of Santee for the construction of the Oceanside Boulevard Sewer Lift Station Relocation project; approval of a Professional Services Agreement with Valley Construction Management of San Diego in an amount not to exceed $979,650 for construction management and inspection services during the project; approval of a budget appropriation in the amount of $1,100,000 from the Sewer Fixed Asset Replacement unrestricted fund balance; and authorization for the City Manager to execute the agreements upon receipt of all supporting documents

A)    Report by Shukri Sharabi, CIP Manager III

B)    Discussion

C)    Recommendation – award the contract, approve the agreement, and approve the budget appropriation

Report given

Motion: Feller

Second: Sanchez

Approved: 5-0

Document No. 19-D0751-1

Document No. 19-D0752-1

   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: Introduction of an ordinance amending Chapter 6, Articles I, II, III, IV, VI, VIII, XII, XIII, and Chapter 11, Article II of the Oceanside Municipal Code to reflect the adoptions of the 2019 edition of the California Building Standards Codes including local amendments relating to the expiration of water heater and furnace replacement permits, establishment of a construction code interpretation Board of Appeals, reinstatement of stop work process and related fees, removal of the bond requirement for swimming pools, adoption of the Uniform Swimming Pools and Spa Code, process to modify permitted construction hours, and process to authorize the release of utilities during construction, establishing a short-term rental fire code operational permit and inspection, and establishing the ability to require a fire protection plan for developments that are in a Wildland-Urban Interface Fire Area; and adoption of a resolution of express findings supporting the local amendments

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 David Gans, Chief Building Officer

E)    Recommendation – introduce the ordinance and adopt the resolution

Report given

Motion: Feller

Second: Rodriguez

Approved: 5-0

Ordinance introduced

Resolution No. 19-R0753-1

19.             City Council: Adoption of a resolution upholding Planning Commission Resolution No. 2019-P38 adopting a Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program and upholding Planning Commission Resolution No. 2019-P39 approving a Tentative Map (T18-00009), Development Plan (D16-00016), Conditional Use Permit (CUP16-00014), Variance (V18-00004), and Regular Coastal Permit (RC16-00013) to allow the construction of a 34-Unit Townhome Project on a 2.66-acre site located south of Oceanside Boulevard at the terminus of Ditmar and Nevada Streets – Breeze Townhomes – Applicant: Oceanside-Nevada L.P., Appellants: Donna L. Geierman and Julie Stenger-Smith

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 Richard Greenbauer, Principal Planner

E)    Testimony by Applicant, Oceanside-Nevada L.P.

F)    Testimony by Appellant, Donna L. Geierman

G)    Testimony by Appellant, Julie Stenger-Smith

H)    Recommendation – adopt the resolution

Report given

Motion to continue the item: Sanchez

Motion died for lack of a second.

Motion: Rodriguez

Second: Feller

Approved: 4-1 (Sanchez – No)

Resolution No. 19-R0754-1

20.             City Council: Introduction of an ordinance approving Zone Amendment (ZA17-00004), amending the El Corazon Specific Plan to include provisions allowing an adjustment in the land use area acreages, shifting street “AA” to the east, and adding the term “Arenas” to the commercial recreation and entertainment definition of allowable uses; adoption of a resolution approving Tentative Map (T17-00004) and Development Plan (D18-00017) to allow the subdivision of an 82.9 acre eastern portion of the 465-acre El Corazon Specific Plan Area bordered by Mesa Drive to the north, Rancho Del Oro Road to the east, Oceanside Boulevard to the south, and El Camino Real to the west mainly consisting of the Village Commercial (VC) and Oceanside Boulevard Commercial (OBC) zone districts into 19 numbered lots and 16 lettered lots in order to allow development of mass graded lots for future developments, as well as allowing the construction of internal streets “AA”, “BB, “CC” and the remainder of the Village Commercial Drive along with associated public infrastructure (i.e. Water & Sewer), and consideration of an EIR addendum

The project site is General Plan-designated “Specific Plan”; the Official Zoning Map designates the property SP-1-09 (El Corazon Specific Plan) and is situated within the Ivey Ranch/Rancho Del Oro Neighborhood Planning Area – El Corazon Specific Plan Amendment – Sudberry – Applicant: Sudberry Properties, Inc.

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 Richard Greenbauer, Principal Planner

E)    Recommendation – introduce the ordinance and adopt the resolution

Report given

Motion: Sanchez

Second: Rodriguez

Approved: 5-0

Ordinance introduced

Resolution No. 19-R0755-1

 

   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.

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

22.          Communications from the public regarding items not on this agenda – 6 Speakers

MAYOR AND/OR COUNCILMEMBER ITEMS

23.             City Council: Request by Deputy Mayor Feller and Councilmember Keim to direct the City Attorney to prepare an amendment to Chapter 24 of the City Code to allow consideration of a hosted short-term vacation rental permit on lots served by a non-conforming panhandle access through a conditional use permit with appropriate conditions while maintaining the City’s ban on non-hosted units on substandard panhandle access

Motion to direct City Attorney to prepare an amendment within 45 days: Feller

Second: Keim

Approved: 3-1-1 (Sanchez – No, Rodriguez – Recused)

 

24.             City Council: Request by Deputy Mayor Feller and Councilmember Rodriguez for staff, within 90 days, to prepare a plan that includes estimated costs, timelines, funding options, and retrofit feasibility for multipurpose synthetic fields at various Oceanside parks

Motion for staff to prepare a plan within 90 days: Rodriguez

Second: Feller

Approved: 4-1 (Sanchez – No)

 

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.

 

 

 

 

 

 

 

 

25.          City Council: Adoption of an ordinance amending Chapter 20 of the Oceanside City Code section 20.27 and 20.28 regarding the consumption of alcohol and/or controlled substances by minors at a private event, to specifically include cannabis within its purview (Introduced 11/20/2019 – 5-0)

Motion: Sanchez

Second: Feller

Approved: 5-0

Ordinance No. 19-OR0756-1

 

   ADJOURNMENT

The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, December 18, 2019

 

Adjourned at 9:54 p.m.

 

 

APPROVED BY COUNCIL/HDB/CDC/OPFA:

 

                                                                                                                  

                                                                   Zeb Navarro

                                                                   City Clerk, City of Oceanside