MEETING AGENDA September 12, 2007 OCEANSIDE CITY COUNCIL, HARBOR DISTRICT BOARD OF DIRECTORS (HDB), and COMMUNITY DEVELOPMENT COMMISSION (CDC) REGULAR BUSINESS Mayor HDB President CDC Chair Jim Wood Councilmembers HDB Directors CDC Commissioners Jack Feller Jerome M. Kern Esther Sanchez Deputy Mayor HDB Vice President CDC Vice Chair Rocky Chavez City Clerk HDB Secretary CDC Secretary Barbara Riegel Wayne Treasurer Rosemary Jones Action Minutes for Council, Harbor & CDC - 1-09/12/07
CITY CLERK S ACTION MINUTES 4:00 P.M. ROLL CALL All Present CITY COUNCIL, HDB, and CDC 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 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] No closed session held on this item 2. CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 3.1 acres at the intersection of Rancho del Oro Drive and Ocean Ranch Boulevard (APN 160-572-10); Negotiating Parties: City of Oceanside and Ivey Ranch, Inc.; Negotiator for the City: Douglas Eddow, Real Property Manager; Under Negotiations: Price and terms for the acquisition and/or exchange by the City No reportable action 3. LITIGATION OR OTHER ADVERSARY PROCEEDING (E.G., ADMINISTRATIVE HEARING, ARBITRATION) (SECTION 54956.9) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (SECTION 54956.9(a)) Morgans v. City of Oceanside, Superior Court Case No. GIN048923 No reportable action 5:00 P.M. INVOCATION Pastor Carl Souza PLEDGE OF ALLEGIANCE Victoria Nihiser ROLL CALL All present PROCLAMATIONS AND PRESENTATIONS Presentation Pet of the Month presented by Julie Bank, Executive Director of the North County Humane Society & SPCA Proclamation Harbor Days, September 15-16, 2007 Proclamation Hispanic Heritage Month, September 15-October 15, 2007 Proclamation Constitution Week, September 17-23, 2007 Presentations made CLOSED SESSION REPORT 4. Closed Session report by City Attorney Report given (see above) Action Minutes for Council, Harbor & CDC - 2-09/12/07
PUBLIC COMMUNICATIONS ON OFF-AGENDA ITEMS No action will be taken by the City Council/HDB/CDC 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 5. Communications from the public regarding items not on this agenda None CONSENT CALENDAR ITEMS [Items 6-21] All items listed on the Consent Calendar are considered to be routine matters or formal documents covering previous City Council/HDB/CDC 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 or the public through submittal of Request to Speak form prior to the commencement of this agenda item. 6. City Council/Harbor/CDC: Acceptance of Joint Minutes of the Small Craft Harbor District Board of Directors, Community Development Commission and City Council from the following meetings: February 13, 2002, 2:00 p.m. Adjourned January 30, 2007, 5:30 p.m. Adjourned February 27, 2002, 10:00 a.m. Adjourned July 10, 2007, 4:00 p.m. Adjourned April 3, 2002, 10:00 a.m. Adjourned August 18, 2007, 4:00 p.m. Regular 8:00 a.m. Adjourned April 17, 2002, 10:00 a.m. Adjourned August 22, 2007, 4:00 p.m. Adjourned January 24, 2007, 4:00 p.m. Regular August 23, 2007, 4:00 p.m. Special With correction to agenda, minutes 7. City Council/Harbor/CDC: 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) 8. City Council: Approval of a purchase order in the amount of $156,230.97 to Alfa-Laval, Inc., of Richmond, Virginia, for replacement parts to maintain the San Luis Rey Wastewater Treatment Plant centrifuges, and authorization for the Financial Services Director, or designee, to execute the purchase order 9. City Council: Approval of annual purchase orders for the purchase of equipment, supplies, materials and services in amounts over $50,000 from various Water Utilities Department funds, and authorization for the Financial Services Director, or designee, to execute the annual purchase orders Action Minutes for Council, Harbor & CDC - 3-09/12/07
10. City Council: Approval of Change Order 1 in the amount of $114,016.48 and closing Change Order 2, a credit in the amount of $207,120, for a net reduction of $93,103.52 in the project cost, to Beador Construction Company, Inc., of Corona for the 6-inch and 8-inch Hoover Street Sewer Line Replacement and 8-inch Monica Circle Sewer Line Replacement project; authorization for the City Engineer to execute the change orders; acceptance of improvements constructed by Beador for the project; and authorization for the City Clerk to file the Notice of Completion with the San Diego County Recorder Document No. 07-D0584-1 (Change Order 1) Document No. 07-D0585-1 (Change Order 2) Document No. 07-D0586-1 (Notice of Completion) 11. City Council: Approval of Change Order 1 in the amount of $29,444.98 to HMS Construction, Inc., for the El Camino Real Widening project at Mesa Drive, for additional work requested by the City; approval of a budget appropriation in the amount of $62,008 from the Major Thoroughfare Fees Fund to the project; and authorization for the City Engineer to execute the change order Document No. 07-D0587-1 12. City Council: Approval of closing Change Order 1 in the amount of $14,830.16 to Affholder, Inc., of Chesterfield, Missouri, for the Buena Vista Force Main Replacement Phase 1 project, for unanticipated additional work requested by the City; authorization for the City Engineer to execute the change order; acceptance of improvements constructed by Affholder for the project; and authorization for the City Clerk to file the Notice of Completion with the San Diego County Recorder Document No. 07-D0588-1 (Change Order 1) Document No. 07-D0589-1 (Notice of Completion) 13. City Council: Approval of a professional services agreement with David Paul Rosen and Associates in an amount not to exceed $125,000 for technical assistance, financial analysis, and loan underwriting for affordable housing projects; and authorization for the City Manager to execute the agreement Document No. 07-D0590-1 Approved 4-1, Feller - no 14. City Council: Approval of a purchase and sale agreement in the amount of $300,000 with Oceanside Bluffs Investments, LLC, for the purchase of the easterly 0.5 acre of Assessor Parcel Number 152-320-10, a vacant parcel situated along Oceanside Boulevard west of Vine Street, for the relocation of the Oceanside Boulevard Lift Station; and authorization for the Mayor to execute the agreement, the City Clerk to accept the deed on behalf of the City, and staff to open escrow and conclude the transaction Document No. 07-D0591-1 (Agreement) Document No. 07-D0592-1 (Deed) 15. City Council: Approval to accept $25,000 in grant funds from the California State Library for the Early Learning with Families Grant Program, and approval to appropriate these funds to the Library Department Action Minutes for Council, Harbor & CDC - 4-09/12/07
16. City Council: Acceptance of the Treasurer s Report for the quarter and year ended June 30, 2007 17. City Council: Adoption of a resolution accepting $60,000 in grant funds from the State Department of Alcoholic Beverage Control, awarded to the City of Oceanside to reduce youth access to alcohol, and approval to transfer these funds to the Police Department Resolution No. 07-R0593-1 18. City Council: Adoption of a resolution approving an employment agreement between the City of Oceanside and Peter A. Weiss, City Manager [Retro to 8/23/07] Removed from Consent Calendar for discussion Resolution No. 07-R0594-1 Document No. 07-D0595-1 Approved 4-1, Sanchez - no 19. City Council: Adoption of a resolution implementing the Memorandum of Understanding between the City of Oceanside and the Western Council of Engineers effective September 12, 2007, through June 30, 2011 Removed from Consent Calendar for discussion Resolution No. 07-R0596-1 Document No. 07-D0597-1 20. City Council: Adoption of a resolution implementing the Memorandum of Understanding between the City of Oceanside and the Oceanside Police Officers Association (non-sworn), effective September 12, 2007, through June 30, 2011 Removed from Consent Calendar for discussion Resolution No. 07-R0598-1 Document No. 07-D0599-1 21. City Council: Adoption of resolutions to provide the Employer Paid Member Contributions as special compensation for retirement purposes for the Oceanside Police Officers Association (safety), Oceanside City Employees Association, Oceanside Harbor Police Officers Unit, Western Council of Engineers, Oceanside Fire Management Association, and Unrepresented Employees bargaining units Resolution No. 07-R0600-1 (OPOA) Resolution No. 07-R0601-1 (OCEA) Resolution No. 07-R0602-1 (Harbor Police) Resolution No. 07-R0603-1 (Western Council of Engineers) Resolution No. 07-R0604-1 (OFMA) Resolution No. 07-R0605-1 (unrepresented) Action Minutes for Council, Harbor & CDC - 5-09/12/07
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 timecertain requirement, other items may be taken out of order on the agenda to accommodate the 6:00 p.m. public hearing schedule. 22. City Council: Introduction of an ordinance amending Chapter 29 of the Oceanside City Code by establishing wastewater user rate and system buy-in fee increases and new special industrial user rates and buy-in fees; introduction of an ordinance amending Chapter 37 of the Oceanside City Code by establishing water user rate and system buy-in fee increases, and external water provider increases; and direction to staff to implement the user rate and buy-in fee increases (effective 30 days following the second reading of the ordinances) 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 Lonnie Thibodeaux, Water Utilities Director E) Recommendation introduce the ordinances and direct staff to implement the increases Staff s recommendations and introduction of ordinances Approved 4-1, Sanchez - no 23. City Council: Councilmember-called hearing Consideration of a resolution supporting Planning Commission Resolution 2007-P38 and approving Regular Coastal Permit (RC-23-06) for the addition of 2,640 square feet to an existing single-family residence located at 70 Saint Malo Beach Firtel Residence Applicants: Bob and Addie Firtel 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 Sally Schifman, Planner II E) Recommendation adopt the resolution Staff recommendations and Resolution No. 07-R0606-1 Approved 3-2, Wood and Sanchez - no 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. 24. City Council: Approval of a professional services agreement with Griffin Structures, Inc., of Laguna Beach in an amount not to exceed $101,500 for a complete Police Facility Needs Assessment, and authorization for the City Manager to execute the agreement A) Report by Frank McCoy, Police Chief B) Discussion C) Recommendation approve the agreement and authorize the City Manager to execute the agreement Document No. 07-D0607-1 Action Minutes for Council, Harbor & CDC - 6-09/12/07
25. City Council: Approval of the art proposal for the Pacific Street Bridge Public Art project, and authorization for staff to implement the project A) Report by Deborah Polich, Library Director B) Discussion C) Recommendation approve the proposal from Jun Blanco and authorize staff to implement the project Approved 4-1, Sanchez - no 26. City Council: Approval of an expenditure in the amount of $25,000 from the Capital Improvement Program Public Facility Fund for Art Enhancement Projects A) Report by Deborah Polich, Library Director B) Discussion C) Recommendation approve the expenditure 27. City Council: Consideration to accept a gift of a vacant 1.06-acre parcel of land, designated as Assessor Parcel No. 167-040-23, situated north of Haymar Drive, south of State Route 78, and west of College Boulevard, from Vista Way Village Limited, and, if the parcel is accepted, authorization for the City Clerk to accept the conveyance and file the deed with the San Diego County Recorder A) Presentation by William F. Marquis, Sr. Property Agent B) Discussion C) Recommendation consider acceptance of the gift and, if accepted, authorize the City Clerk to accept the conveyance and file the deed with the County Recorder Document No. 07-D0608-1 (Conveyance) Document No. 07-D0609-1 (Deed) MAYOR AND/OR COUNCILMEMBER ITEMS 28. Request by Councilmember Sanchez to increase side yard setbacks from a minimum of three feet to a minimum of five feet along the west side of North Pacific Street between Surfrider Way and Breakwater Way; to adopt changes in zoning laws and Local Coastal Program to accomplish this act; and direction to staff Motion to direct staff to draft zoning amendments for a minimum 5 setback Failed 2-3, Chavez, Feller and Kern - no 29. Request by Councilmember Feller to discuss water supply status and water-conservation measures for the City of Oceanside, and direction to staff Direction to staff to come back with broad public education program on needed conservation Action Minutes for Council, Harbor & CDC - 7-09/12/07
CITY COUNCIL REPORTS 30. Mayor Jim Wood Housing Commission Parks and Recreation Commission Police and Fire Commission Redevelopment Advisory Committee North County Dispatch JPA/Fire North County Transit District SANDAG Board 31. Deputy Mayor Rocky Chavez Arts Commission Library Board of Trustees Senior Citizens Commission City/OUSD/VUSD Committee North County Transit District Alternate 32. Councilmember Jack Feller Community Relations Commission Harbor and Beaches Advisory Committee Telecommunications Committee Transportation Commission League of California Cities San Diego County Executive Committee North County Dispatch JPA/Fire Alternate SANDAG Board 2nd Alternate SANDAG Shoreline Preservation Committee Alternate 33. Councilmember Jerome M. Kern Economic Development Commission Oceanside Historical Preservation Advisory Commission Youth Commission Buena Vista Lagoon JPA City/OUSD/VUSD Committee Alternate League of California Cities San Diego County Executive Committee Alternate SANDAG Board 1st Alternate 34. Councilmember Esther Sanchez Integrated Waste Commission Manufactured Home Fair Practices Commission Utilities Commission Buena Vista Lagoon JPA SANDAG Shoreline Preservation Committee Action Minutes for Council, Harbor & CDC - 8-09/12/07
INTRODUCTION AND ADOPTION OF ORDINANCES The following items are ordinances for introduction or adoption by the City Council/HDB/CDC. 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 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 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 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 4:00 p.m. on Wednesday, September 19, 2007. Adjourned at 10:21 PM in Memory of Opal Norris, Naomi Shelton and George Thornton Action Minutes for Council, Harbor & CDC - 9-09/12/07