MEETING AGENDA November 12, 2008 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
CITY CLERK S ACTION MINUTES 4:00 P.M. ROLL CALL All present; Councilmember Sanchez arrived at 4:02 pm 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 2. CONFERENCE WITH REAL ESTATE NEGOTIATOR (SECTION 54956.8) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Property bounded by Pacific Street, Myers Street, Seagaze Drive, and Civic Center Drive (APN 147-261-01 through 12; 147-076-1, 2, 3, 10, 11, 12); Negotiating Parties: SD Malkin Properties; Negotiator for the City: Jane McVey, Economic and Community Development Director, Delmar Williams and Paul Marra; Under Negotiations: Terms of Disposition Agreement and Lease Discussed; Council received an update on on-going negotiations; direction was given on lease terms; no reportable action at this time. 3. LITIGATION OR OTHER ADVERSARY PROCEEDING (E.G., ADMINISTRATIVE HEARING, ARBITRATION) (SECTION 54956.9) A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (SECTION 54956.9(a)) Ritter v. City, Superior Court Case No. GIN055645 In closed session Council authorized the filing of cross complaints against Simon Wong Engineering, RQ Construction and Windsler Kelly B) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (SECTION 54956.9(b)) Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9: One case Action Minutes of Council, Harbor & CDC 2
Mayor Wood did not participate in this closed session item; Discussed; no reportable action. 5:00 P.M. ROLL CALL All present INVOCATION Pastor Carl Souza PLEDGE OF ALLEGIANCE Soccer team members PROCLAMATIONS AND PRESENTATIONS Presentation Pet of the Month presented by [Julie Bank, Executive Director] MeLissa Webber of the North County Humane Society & SPCA Proclamation National American Indian Heritage Month November 2008 Proclamation National Hospice Month November 2008 Presentation Mayor s Youth Sports Recognition and Appreciation Award Breakers Soccer team Presentations made CLOSED SESSION REPORT 4. Closed Session report by City Attorney Report given (see above item) 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 4 speakers CONSENT CALENDAR ITEMS [Items 6-13] 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 of May 14, 2008, 4:00 p.m. Regular Meeting, and October 1, 2008, 4:00 p.m. Regular Meeting 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) Action Minutes of Council, Harbor & CDC 3
8. City Council: Approval of plans and specifications for the FY 2008-09 Citywide Sidewalk Repair project for the replacement of damaged sidewalk and other concrete-related items throughout the City, and authorization for the City Engineer to call for bids 9. CDC: Approval of a professional services agreement with Clauss Construction in an amount not to exceed $69,000 for site preparation on CDC property bounded by Myers Street, Pacific Street, Seagaze Drive, and Mission Avenue; and authorization for the City Manager to execute the agreement [downtown beach hotel Malkin project] Document No. 08-D0627-3 10. City Council: Approval of a one-year professional services agreement with Utiliquest, LLC, of Atlanta, Georgia, in the amount of $52,000 for underground facility location and marking services for the Public Works Department, and authorization for the City Manager to execute the agreement Document No. 08-D0628-1 11. City Council: Approval of a temporary street closure of Mission Avenue from Coast Highway to Cleveland Street from 5:30 p.m. to 8:00 p.m. on December 4, 2008, for the annual Holiday Tree Lighting Ceremony at the Regal Cinema Plaza 12. City Council: Adoption of a resolution granting the appeal of Planning Commission No. 2008-P44 and approving Variance (V-15-07) requesting a reduced side yard setback for a recreational vehicle garage addition to a single-family residence located at 796 Muirwood Drive Sing Residence (9/3/08, 4-1 vote, Sanchez No) Resolution No. 08-R0629-1 Approved 4-1; Sanchez - no 13. City Council: Adoption of a resolution approving the Final Map for The Montego, an 11-unit condominium project located at 504-508 North Pacific Street, and authorization for the City Clerk to record the Final Map with the San Diego County Recorder Resolution No. 08-R0630-1 Action Minutes of Council, Harbor & CDC 4
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. Special mtg of OPFA convened at 6:17 pm 14. City Council/Oceanside Public Financing Authority (OPFA): Adoption of resolutions authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $15,000,000 Revenue Refunding Certificates of Participation, Series 2008, and authorizing certain documents and directing certain actions in connection therewith A) Mayor/Chairman opens public hearing B) Mayor/Chairman requests disclosure of Councilmember and constituent contacts and correspondence C) City Clerk/Secretary presents correspondence and/or petitions D) Testimony, beginning with Michele Lund, Treasury Manager E) Recommendation adopt the resolutions Council Resolution No. 08-R0631-1 Document No. 08-D0632-1 (Preliminary official statement) Document No. 08-D0633-1 (Continuing disclosure Agreement) Document No. 08-D0634-1 (Installment Purchase Agreement) Document No. 08-D0635-1 (Trust Agreement) Document No. 08-D0636-1 (Certificate Purchase Contract) Document No. 08-D0637-1 (Bond Counsel Agreement) Public Financing Authority Resolution No. 08-R0638-OPFA Document No. 08-D0639-OPFA (Installment Purchase Agreement) Document No. 08-D0640-OPFA (Trust Agreement) Special mtg. of OPFA adjourned at 6:41 pm 15. City Council: Consideration of a resolution approving Conditional Use Permit (C-21-08) to permit a regulated use (massage establishment) and a Waiver of Locational Requirements for the proposed regulated use located at 1727-A Oceanside Boulevard; project site is zoned CS-HO (Special Commercial Highway Oriented) and is situated within the Fire Mountain Neighborhood Oceanside Health Clinic Applicant: Yao Yu Wang 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 Action Minutes of Council, Harbor & CDC 5
Deny Conditional Use Permit 16. City Council: Council-called hearing Introduction of an Ordinance for Zone Amendment (ZA-2-05) to Planned Development; adoption of a resolution certifying the Final Environmental Impact Report; and adoption of a resolution approving Tentative Map (T-3-05), Development Plan (D-5-05) and Conditional Use Permit (C-11-06) for the development of 68 townhome units on a 23.8- acre site located at the northeastern corner of Mesa Drive and Foussat Road Mesa Ridge Applicant: Investment Holdings, 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 Jerry Hittleman, City Planner E) Recommendation introduce the ordinance and adopt the resolutions As recommended, introduce the ordinance and adopt Resolution No. 08-R0641-1 (EIR) Resolution No. 08-R0642-1 (Tentative Map) 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. 17. City Council: Approval of a 50-year lease agreement and a 50-year operating agreement with Airport Property Ventures of Los Angeles for the development, design, construction and operation of facilities at Oceanside Municipal Airport; authorization for the City Manager to execute the agreements upon the completion of a maximum 90-day due diligence period and receipt of all supporting documents; and authorization for staff to submit applications for State of California, Department of Transportation, Aeronautics Program and Federal Aviation Administration (FAA) grants and loans (continued from October 8, 2008) A) Report by Gary Gurley, General Services Manager B) Discussion C) Recommendation approve the agreements; authorize the City Manager to execute the agreements upon completion of the due diligence period and receipt of all supporting documents; and direct staff to submit applications for State and FAA grants and loans With language change to Page 50 Exhibit A-3, Document No. 08-D0643-1 (lease agreement) Document No. 08-D0644-1 (operating agreement) Approved 4-1; Sanchez - no Action Minutes of Council, Harbor & CDC 6
MAYOR AND/OR COUNCILMEMBER ITEMS 18. Request by Mayor Wood for a presentation by Kathy Kinane regarding the Annual Turkey Trot in Oceanside Presentation made 19. Request by Councilmember Kern to direct staff to compile a Comprehensive List of Fees in order to consider adjustments as part of the budget process; and, further, that staff bring back to Council this Comprehensive List of Fees within 60 days Direction to staff to provide the list CITY COUNCIL REPORTS 20. Mayor Jim Wood Housing Commission Parks and Recreation Commission Redevelopment Advisory Committee Senior Citizens Commission North County Dispatch JPA/Fire North County Transit District Alternate SANDAG Board 21. Deputy Mayor Rocky Chavez Arts Commission Library Board of Trustees Police and Fire Commission City/OUSD/VUSD Committee North County Transit District 22. Councilmember Jack Feller Community Relations Commission Harbor and Beaches Advisory Committee Transportation Commission League of California Cities San Diego County Executive Committee North County Dispatch JPA/Fire Alternate SANDAG Board 2nd Alternate 23. Councilmember Jerome M. Kern Economic Development Commission Telecommunications Committee 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 SANDAG Shoreline Preservation Committee Alternate 24. Councilmember Esther Sanchez Action Minutes of Council, Harbor & CDC 7
Integrated Waste Commission Manufactured Home Fair Practices Commission Oceanside Historical Preservation Advisory Commission Utilities Commission Buena Vista Lagoon JPA SANDAG Shoreline Preservation Committee 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, November 19, 2008. Adjourned at 9:13 PM Action Minutes of Council, Harbor & CDC 8