MEETING AGENDA

 

 

 

MEETING AGENDA

December 18, 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.        Brian Bonacic vs. City of Oceanside

Workers’ Compensation Claim No. 16-126528

Workers’ Compensation Appeals Board Number: ADJ10489706

Item discussed in closed session

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

INVOCATION

PLEDGE OF ALLEGIANCE – Mayor Weiss

   PROCLAMATIONS AND PRESENTATIONS

   Presentation – Census 2020 Ceremonial Check Presentation by SANDAG

Presentation – Employee Service Awards

Presentations 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 December 4, 2019, 3:30 p.m. Regular Meeting

Motion to Approve Consent Calendar Items 4-23: 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 an increase to an existing purchase order with JMM Diversified, Inc, dba Moody’s Excavating in the amount of $400,000 for a revised purchase order amount of $600,000 for additional remedial grading of unsuitable soil and site preparation for the El Corazon Aquatics Center per the El Corazon Reclamation Plan; and authorize the Financial Services Director, or designee, to execute the purchase order 

Approved: 5-0

7.             City Council: Approval of Amendment 1 in the amount of $19,740 to the Public Works Agreement with All Time Fence Company, Inc. for a revised agreement total of $59,740 for additional guardrail, repair, and replacement services at City facilities at 1400 N. Harbor Drive; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 19-D0769-1

8.             HBD: Approval of Amendment 2 to the Percentage Property Lease Agreement with Bill Middleton & Sean White dba Bill Middleton Yachts, for the premises at 1351 Harbor Drive North, Suite B and adjacent concrete slab, extending the term of the agreement from December 1, 2019, through November 30, 2021, for a two-year minimum total revenue of $73,800; and authorization for the Administrative Officer to execute the amendment

Approved: 5-0

Document No. 19-D0770-2

9.             City Council: Approval of Amendment 2 to the Property Use Agreement with Tower Optical Company, Inc. for the operation of six coin-operated binocular machines on the Oceanside Municipal Pier effective February 1, 2020, to January 31, 2023, for a minimum total revenue of $9,000 over the three-year term; and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 19-D0771-1

10.          City Council: Approval of Amendment 2 in the amount of $145,000 to the Professional Services Agreement with Harris and Associates, Inc. for a revised contract amount not to exceed $1,070,000 for as-needed or project-based Project Management services related to the City’s Pavement Management Program and Slurry Seal/Overlay efforts; and authorization for the City Manager to execute the amendment
Approved: 5-0

Document No. 19-D0772-1

11.          City Council: Approval of Amendment 1 in the amount of $58,782 to the Professional Services Agreement with Environmental Science Associates (ESA), for a revised contract price of $431,282 for services to update the City’s Local Coastal Program (LCP); and authorization for the City Manager to execute the amendment

Approved: 5-0

Document No. 19-D0773-1

12.          City Council: Approval of two amendments to continue management and operation of the senior nutrition and transportation program at the Country Club Senior Center: 1) Amendment 5 to the contract with the County of San Diego in an amount not to exceed $145,959 for a revised contract amount of $539,428, 2) Amendment 2 to the Professional Services Agreement with Serving Seniors in the amount of $174,459 for a revised contract amount not to exceed $624,928 and extending the term of both agreements for a period not to exceed six months; approval of a Property Use Agreement for a five-year term with Serving Seniors for the exclusive and preferential non-exclusive use of a portion of the Country Club Senior Center for the provision of the nutrition program; and authorization for the City Manager to execute the agreements upon receipt of all supporting documents

Approved: 5-0

Document No. 19-D0774-1

Document No. 19-D0775-1

Document No. 19-D0776-1

13.          City Council: Approval of a five-year lease agreement with Interfaith Community Services for a minimum total revenue of $15,768 per year for use and occupation of the premises at Libby Lake Resource Center for employment assistance services to the public; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 19-D0777-1

14.          City Council: Approval of two three-year Professional Services Agreements for project manager services for the Water Utilities Department with 1) Infrastructure Engineering Corp, Inc. of Poway in the annual amount of $291,200; 2) Hoch Consulting of San Diego in the annual amount of $301,600; and authorization for the City Manager to execute the agreements

Approved: 5-0

Document No. 19-D0778-1

Document No. 19-D0779-1

 

 

15.          City Council: Approval of a three-year Professional Services Agreement with BRAX Company of Valley Center in an annual amount not to exceed $350,000 for Well Rehabilitation and Maintenance Services for the Water Utilities Department; and authorization for the City Manager to execute the agreement upon receipt of all supporting documents

Approved: 5-0

Document No. 19-D0780-1

16.          City Council: Adoption of a resolution to adopt the 2019 San Diego Integrated Regional Water Management Plan (IRWM) as a requirement for eligibility for IRWM Planning Act grant funds

Approved: 5-0

Resolution No. 19-R0781-1

17.          CDC: Approval of a loan application in the amount of $27,435 under the Community Development Block Grant (CDBG) Housing Rehabilitation Program for the rehabilitation of a single-family home

Approved: 5-0

18.          City Council: Approval of an agreement with MainStreet Oceanside for implementation of the Management District Plan for the Downtown Oceanside Property and Business Improvement District (DTOPBID); approval of the draft by-laws proposed for the DTOPID Governing Committee; and authorization for the City Manager to execute the agreement

Approved: 5-0

Document No. 19-D0782-1

19.          City Council: Approval to accept up to $269,797 in additional funds from the State of California Enhancing Law Enforcement Activities Subaccount (ELEAS) awarded to the City for the COPS 2019 Grant Program; approval to appropriate the funds to the Police Department; and authorization for the City Manager, or designee, to execute all related grant documents

Approved: 5-0

20.          City Council: Adoption of a resolution to dedicate and pledge all Net Water Revenues and all available amounts in the Water Revenue Fund balance for project financing; adoption of a resolution to allow reimbursement of project costs occurring prior to issuance of tax-exempt obligations; and authorization for the City Manager, or designee, to execute all related financial documents upon approval as to form by the City Attorney

Approved: 5-0

Resolution No. 19-R0783-1

Resolution No. 19-R0784-1

21.          City Council: Acceptance of the City Treasurer’s Report for the quarter ended September 30, 2019

Approved: 5-0

22.          City Council: Acceptance of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending June 30, 2019

Approved: 5-0

23.          City Council: Approval to create the Deputy Development Services Director classification and amend the Salary Schedule to include the new position and salary, and add the classification to the Unrepresented employee group

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.

 

24.             City Council: Adoption of two resolutions authorizing submittal of applications to the U.S. Environmental Protection Agency for two Water Infrastructure Finance and Innovation Act (WIFIA) loans, and authorizing the City Manager, or designee, to negotiate terms and conditions of the loan and execute related loan documents; and introduction of an ordinance amending Chapter 2, Article IX, Division 2 by the addition of Section 2.53 to provide procedures for the sale and issuance of revenue bonds

A)    Report by Cari Dale, Water Utilities Director

B)    Discussion

C)    Recommendation – adopt the resolutions and introduce the ordinance

Report given

Motion: Sanchez

Second: Keim

Approved: 5-0

Ordinance Introduced

Resolution No. 19-R0785-1

Resolution No. 19-R0786-1

 

 

 

25.             City Council: Approval of the plans and specifications for construction of the Pure Water Oceanside Advanced Water Purification Treatment Facility Contract; authorization to award a contract in an amount not to exceed $54,828,000 to Shimmick Construction Company of Irvine for the construction of the project; approval of a Professional Services Agreement in the amount of $4,248,870 with Parsons Transportation Group, Inc. of Pasadena for construction management and inspection services during construction; approval of Amendment 1 to the Professional Services Agreement with Tetra Tech in the amount of $1,038,235 for a revised contract amount of $2,882,235 for engineering support services during construction; and authorization for the City Manager to execute the agreements upon receipt of all supporting documents

A)    Report by Lindsay Leahy, Principal Water Engineer

B)    Discussion

C)    Recommendation – approve the plans and specifications, and approve the agreements

Report given

Motion: Sanchez

Second: Feller

Approved: 5-0

Document No. 19-D0787-1

Document No. 19-D0788-1

Document No. 19-D0789-1

26.             City Council: Adoption of three resolutions related to the General Municipal Election to be held on November 3, 2020: 1) a resolution calling and giving notice of the General Municipal Election to be held on Tuesday, November 3, 2020, for the proposed measure establishing term limits for members of the city council and the mayor; 2) requesting the San Diego County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2020, pursuant to Section 10403 of the Election Code; and 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 adding Article XVII, Section 2.94 to Chapter 2 of the Oceanside City Code to establish term limits for the members of the city council and the mayor

A)    Report by Vaida Pavolas, Assistant City Clerk

B)    Discussion

C)    Recommendation – adopt the resolutions and introduce the ordinance

Report given

Motion: Sanchez

Second: Feller

Approved: 5-0

Ordinance Introduced

Resolution No. 19-R0790-1

Resolution No. 19-R0791-1

Resolution No. 19-R0792-1

 

 

27.             City Council: Adoption of the proposed Council Policy to provide guidance on the filling of Elected Official vacancies

A)    Report by Vaida Pavolas, Assistant City Clerk

B)    Discussion

C)    Recommendation – adopt the policy

Report given

Motion: Keim

Second: Rodriguez

Approved: 5-0

 

Motion to amend the original motion to include 6pm start time for workshops: Sanchez
Second: Keim
Motion failed: 2-3 (Weiss, Feller, Rodriguez – No)

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 three resolutions adjusting the Fire Department fees: 1) amending the development processing fee schedule for Fire Prevention; 2) updating the fees for Fire emergency services and aligning the emergency equipment list to the Federal Emergency Management Agency’s (FEMA) schedule of equipment; and 3) setting a non-resident fee for the Junior Lifeguard Program

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 Pete Lawrence, Division Chief

E)    Recommendation – adopt the resolutions

Report given

Motion: Feller

Second: Keim

Approved: 5-0

Resolution No. 19-R0793-1

Resolution No. 19-R0794-1

Resolution No. 19-R0795-1

 

 

29.          City Council: Councilmember Call for Review – Adoption of a resolution upholding Planning Commission Resolution 2019-P50 upholding the City Planner’s determination (ADM19-00071) that the zoning district boundary between the Residential Tourist District (RT) and the Single-Family Residential District (R-1) as it affects property located at 1643 S. Pacific Street is located on the northern property line of the property – Appellant: Paul Longton on behalf of 1900 S Pacific, LLC

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 Shannon Vitale, Planner II

E)    Recommendation – adopt the resolution

 

Motion to continue the item to a date certain of January 22, 2020: Sanchez

Second: Weiss

Approved: 5-0

   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.

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

31.          Communications from the public regarding items not on this agenda – 11 Speakers

MAYOR AND/OR COUNCILMEMBER ITEMS

32.          Request by Mayor Weiss for review and appointment of Councilmembers to Boards, Commissions, and Committees

Motion: Weiss

Second: Feller

Approved: 4-0-1 (Sanchez – Absent)

City/Harbor/CDC Advisory Groups: Arts Comm. – Keim; Economic Development Comm. – Rodriguez; Harbor & Beaches Adv. Comm. – Sanchez; Historical Preservation Adv. Comm. – Keim; Housing Comm. – Sanchez; Library Board of Trustees – Feller; Manufactured Home Fair Practices Comm. – Sanchez; Parks & Rec. Comm. – Sanchez; Police & Fire Comm. – Keim; Utilities Comm. – Rodriguez;

2020 Deputy Mayor – Feller

Regional Boards and Committees: Buena Vista Lagoon JPC – Sanchez (Primary), Keim (Alt. I); City/OUSD/VUSD Committee – Sanchez (Primary), Rodriguez (Alt. I); League of CA Cities-Executive Comm. – Sanchez (Primary), Rodriguez (Alt. I); North County Dispatch-JPA/Fire – Keim (Primary), Feller (Alt. I); SANDAG-Board – Feller (Primary), Rodriguez (Alt. I), Keim (Alt. II); SANDAG-Shoreline Preservation Comm. – Keim (Primary), Sanchez (Alt. I); NCTD Board – Feller (Primary), Keim (Alt. I); Washington, DC Appropriation Visit-Legislative Delegates – Keim (Primary), Feller (Alt. I)

 

GENERAL COUNCILMEMBER COMMENTS – Comments Made

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.

33.          City Council: Adoption 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 (Introduced 12/4/19, 5-0)

Motion: Weiss

Second: Rodriguez

Approved: 5-0

Ordinance No. 19-OR0757-1[JG1] 

 

 

34.          City Council: Adoption 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 (Introduced 12/4/19, 5-0)

Motion: Weiss

Second: Keim

Approved: 5-0

Ordinance No. 19-OR0796-1

 

   ADJOURNMENT

The next regularly scheduled meeting is at 3:30 p.m. on Wednesday, January 8, 2020.

Adjourned at 7:04 p.m.

 

 

APPROVED BY COUNCIL/HDB/CDC/OPFA:

 

                                                                                                                  

                                                                   Zeb Navarro

                                                                   City Clerk, City of Oceanside

 


 [JG1]This document number was created after the last meeting, as it was included as a part of the related resolution approved 12/4/2019.