MEETING AGENDA. May 1, 2013

Transcription

1 MEETING AGENDA May 1, 2013 OCEANSIDE CITY COUNCIL, HARBOR DISTRICT BOARD OF DIRECTORS (HDB), COMMUNITY DEVELOPMENT COMMISSION (CDC), and OCEANSIDE PUBLIC FINANCING AUTHORITY (OPFA) REGULAR BUSINESS Mayor HDB President CDC Chair OPFA Chair Jim Wood Councilmembers HDB Directors CDC Commissioners OPFA Directors Gary Felien Jack Feller Jerome M. Kern Esther Sanchez Deputy Mayor HDB Vice President CDC Vice Chair OPFA Vice Chair City Clerk HDB Secretary CDC Secretary OPFA Secretary Zack Beck Treasurer Gary Ernst CITY CLERK S ACTION MINUTES Action Minutes of Council, HDB, CDC & OPFA 1 05/01/2013

2 2:00 P.M. ROLL CALL Councilmember Sanchez arrived at 2:06 p.m. 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 ) CONFERENCE WITH LABOR NEGOTIATOR Negotiator: City Manager; employee organizations: Oceanside Police Officers Association (OPOA), 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 Direction given (OCEA, MECO, Western Council of Engineers, OPOA Non-sworn); no reportable action 2. LITIGATION OR OTHER ADVERSARY PROCEEDING (E.G., ADMINISTRATIVE HEARING, ARBITRATION) (SECTION ) A) [CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION (SECTION (c)) Initiation of litigation by City pursuant to Subdvision (c) of Section : One case] No Closed Session held B) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (SECTION (a)) Hirst v. Garcia, City of Oceanside Superior Court Case No.: CU-PO-NC In closed session, Council voted 5-0 to authorize an appeal should the City s post trial motions not be successful 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (SECTION ) A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 7.38 acres at Pala Road near Los Arbolitos Boulevard (APN ); Negotiating Parties: City of Oceanside and Concordia Communities, LLC; Negotiator for the City: Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the sale of real property Direction given; no reportable action [Councilmember Kern recused himself due to a potential conflict of interest] B) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Portion of 6.52 acres of land on Jones Road (APN ); Negotiating Parties: City of Oceanside and REACH Corporation; Negotiators for the City: Darryl Hebert, Fire Chief and Douglas Eddow, Real Estate Manager; Under Negotiations: Price and terms for the lease of real property Items discussed; no reportable action Action Minutes of Council, HDB, CDC & OPFA 2 05/01/2013

3 4:00 P.M. ROLL CALL All present CONSENT CALENDAR ITEMS [Items 4 8] 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 Joint Minutes of the Small Craft Harbor District Board of Directors, Community Development Commission, City Council, and Oceanside Public Financing Authority of the following meetings: March 21, 2012, 4:00 p.m. March 28, 2012, 2:00 p.m. December 19, 2012, 2:00 p.m. Adjourned Meeting of the City Council Regular Meeting Regular Meeting 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) 6. CDC: Adoption of a resolution authorizing the City to submit an application for the Mortgage Credit Certificate Program (MCC), a program that provides home-ownership assistance to lowincome households, through the California Debt Limit Allocation Committee (CDLAC) in the amount of $1,123,444; and authorization for the Executive Director to execute all necessary application documents Resolution No. 13-R City Council: Approval of amendment 4 in the amount of $61,950 to the agreement with Lance, Soll & Lunghard, LLP, for the preparation of the Annual Street Report and Special District Reports and extending the term of the agreement for one additional year to provide audit services; and authorization for the City Manager to execute the amendment Document No. 13-D City Council: Approval of assignment of rights and obligations under conservation easement for Ernest A. Taylor Estate subdivision map number 15334; authorization for the Mayor to execute the assignment; and authorization for the City Clerk to record the assignment Document No. 13-D Action Minutes of Council, HDB, CDC & OPFA 3 05/01/2013

4 GENERAL ITEMS General Items are normally heard after any 5:00 p.m. Public Hearing Items. However, if time permits, some General Items may be heard prior to any 5:00 p.m. Public Hearing Items, following the Consent Calendar. 9. City Council: Approval of a professional services agreement (PSA) and property lease agreement with REACH Air Medical Services of Santa Rosa for aeromedical services with an initial annual payment to the City in the amount of $772,000 required under both the PSA and the lease of a portion of the Fire Training Center at 110 Jones Road; approval of five new positions under the program; and authorization for the City Manager to execute the PSA and lease upon receipt of all supporting documentation A) Report by Darryl Hebert, Fire Chief C) Recommendation approve the agreements Motion to renegotiate the lease (without using PERS employees) Approved 3-2 (Wood, Sanchez No) 10. City Council: Adoption of resolutions initiating the proceedings for the FY annual renewal of the Oceanside Lighting District, Assessment District No , setting a public hearing for June 5, 2013, at 5:00 p.m. to confirm the assessments; and provide direction to form an overlay lighting district in the Rancho Del Oro neighborhood A) Report by Douglas Eddow, Real Estate Manager C) Recommendation initiate the proceedings, set a public hearing, and provide direction regarding the overlay district Resolution No. 13-R Prepare Engineer s Report Resolution No. 13-R Approve Engineer s Report Resolution No. 13-R Set Public Hearing Action Minutes of Council, HDB, CDC & OPFA 4 05/01/2013

5 11. City Council/OPFA: Adoption of a resolution, acting as the legislative body of Community Facilities District No (Ocean Ranch Corporate Centre), authorizing the issuance of Special Tax Refunding Bonds Series 2013A in a principal amount not to exceed $27,000,000; and approving certain documents and taking certain other actions in connection therewith A) Report by Michele Lund, Treasury Manager C) Recommendation adopt the resolution Resolution No. 13-R Document No. 13-D Preliminary Official Statement Document No. 13-D Continuing Disclosure Agreement Document No. 13-D Second Supplemental Bond Indenture Document No. 13-D Purchase Contract Document No. 13-D Escrow Agreement Document No. 13-D Bond Counsel Agreement 12. City Council/OPFA: Adoption of a resolution, acting as the legislative body of Community Facilities District No (Morro Hills Development), authorizing the issuance of Special Tax Refunding Bonds Series 2013A in a principal amount not to exceed $22,000,000; and approving certain documents and taking certain other actions in connection therewith A) Report by Michele Lund, Treasury Manager C) Recommendation adopt the resolution Resolution No. 13-R Document No. 13-D Preliminary Official Statement Document No. 13-D Continuing Disclosure Agreement Document No. 13-D Second Supplemental Bond Indenture Document No. 13-D Purchase Contract Document No. 13-D Escrow Agreement Document No. 13-D Bond Counsel Agreement CITY COUNCIL REPORTS 13. Mayor Jim Wood Economic Development Commission; League of California Cities Legislative Delegates (voting); Library Board of Trustees; Manufactured Home Fair Practices Commission; North County Dispatch JPA/Fire; Washington, DC, Appropriation Visit Legislative Delegate Action Minutes of Council, HDB, CDC & OPFA 5 05/01/2013

6 14. Councilmember Jack Feller Arts Commission; League of California Cities Executive Committee; North County Dispatch JPA/Fire Alternate; Parks and Recreation Commission; SANDAG Board; North County Transit District Board Alternate 15. Councilmember Gary Felien Historical Preservation Advisory Commission; League of California Cities Executive Committee Alternate; League of California Cities Legislative Delegates (voting) 2nd Alternate; SANDAG Board 1st Alternate; North County Transit District Board 16. Councilmember Jerome M. Kern Harbor and Beaches Advisory Committee; Police and Fire Commission; Buena Vista Lagoon JPC; City/OUSD/VUSD Committee; and SANDAG Shoreline Preservation Committee Alternate; San Diego County Water Authority; SANDAG Board 2nd Alternate 17. Councilmember Esther Sanchez Housing Commission; Integrated Waste Commission; Utilities Commission; Buena Vista Lagoon JPC; City/OUSD/VUSD Committee; League of California Cities Legislative Delegates (voting) 1st Alternate; SANDAG Shoreline Preservation Committee; Washington, DC, Appropriation Visit Legislative Delegate Alternate 5:00 P.M. INVOCATION Brad Lambert PLEDGE OF ALLEGIANCE Laurel Elementary School PROCLAMATIONS AND PRESENTATIONS Presentation Pet of the Month presented by Elkie Wills, San Diego County Humane Society & SPCA Presentation Mayor s Business Member Spotlight Presentation Honoring the Generous Volunteer Work by North Coast Church, The Rotary Club of Oceanside, The Rotary Club of San Luis Rey, The Rotary Club of El Camino Real, and the Rotary Club of Carlsbad Presentations were made CLOSED SESSION REPORT 18. Closed Session report by City Attorney Report given; see above items Action Minutes of Council, HDB, CDC & OPFA 6 05/01/2013

7 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. Advance written request to reserve time to speak: None 19. Communications from the public regarding items not on this agenda 5 Speakers PUBLIC HEARING ITEMS Public hearing items are time-certain and are heard beginning at 5:00 p.m. Due to the timecertain requirement, other items may be taken out of order on the agenda to accommodate the 5:00 p.m. public hearing schedule. 20. City Council: Adoption of a resolution making findings that the proposed cogeneration project to be installed by CHP Clean Energy, LLC, under a power purchase agreement will generate costsavings; approval of the power purchase agreement with CHPCE La Salina, LLC, of Boston Massachusetts, for the construction, at no cost to the City, of the La Salina Wastewater Treatment Plan Cogeneration Facility project and subsequent energy purchase; and authorization for the City Manager to execute the agreement 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 Cari Dale, Water Utilities Director E) Recommendation adopt the resolution and approve the agreement Resolution No. 13-R Document No. 13-D MAYOR AND/OR COUNCILMEMBER ITEMS 21. Request by Councilmember Sanchez to direct the City Attorney to draft an ordinance to prohibit smoking in outdoor dining establishments in the City of Oceanside and return to Council for introduction of said ordinance within 30 days Approved 4-1 (Kern No) Action Minutes of Council, HDB, CDC & OPFA 7 05/01/2013

8 CITY MANAGER ITEMS 22. City Council: Consideration of a $60,000 loan to the Star Theater and direction to staff A) Report by Peter A. Weiss, City Manager C) Recommendation direction to staff Failed 2-3 (Kern, Felien, Feller No) INTRODUCTION AND ADOPTION OF ORDINANCES The following items are ordinances for introduction or 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 introduce or 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. None ADJOURNMENT The next regularly scheduled meeting is at 2:00 p.m. on Wednesday, May 15, Adjourned at 8:21 p.m. Action Minutes of Council, HDB, CDC & OPFA 8 05/01/2013