City Council

Tuesday, October 28, 2014 City of San Marcos 1 Civic Center Drive City Council Regular Agenda San Marcos, CA 92069 City Council Chambers Regular City Council Meeting Special San Marcos Successor Agency to the San Marcos Redevelopment Agency Meeting Special San Marcos Successor Housing Agency to the San Marcos Redevelopment Agency Meeting Special Fire Protection District Meeting Special San Marcos Public Financing Authority Meeting Regular San Marcos Public Facilities Authority Meeting 12 Cell Phones: As a courtesy to others, please silence your cell phone or pager during the meeting and engage in conversations outside the Council Chambers. Americans with Disabilities Act: If you need special assistance to participate in this meeting, please contact the City Clerk at (760) 744-1050, ext. 3145. Notification 48 hours in advance will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Assisted listening devices are available for the hearing impaired. Please see the City Clerk if you wish to use this device. Public Comment: If you wish to address the City Council, please complete a “Request to Speak” form. Forms are located at the rear of the Council Chambers. Be sure to indicate which item number you wish to address . Comments are limited to FIVE minutes, unless you meet the requirements of a formal or informal organization and have registered your organization with the City Clerk in advance. Speakers are asked to fill out a “Request to Speak” form and hand it to staff, although provision of a name, address, or other identifying information is optional. The Oral Communication segment of the agenda is for the purpose of allowing the public to address the City Council on any matter NOT listed on the agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications. The Oral Communication segment is split on the agenda and begins with a 15-minute timed segment during which the Council will hear as many speakers as possible. Upon the conclusion of the 15-minute timed segment, any remaining speakers will automatically be called during the continuation of the Oral Communication segment at the end of the agenda. The City Council is prohibited by state law from taking action on items NOT listed on the Agenda. However, they may refer the matter to staff for a future report and recommendation. If you wish to speak under “Oral Communications,” please complete a “Request to Speak” form as noted above. Meeting Schedule and Broadcast Information: Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 pm in the Council Chambers. City meetings are broadcast LIVE on San Marcos Community Television (SMTV) on Cox Channel 19, Time Warner Channel 24 and AT&T Channel 99. Meetings are also streamed live and archived online at www.san-marcos.net. Agendas: Agenda packets are available for public inspection 72 hours prior to scheduled meetings at the City Clerk Department located on the second floor of City Hall, 1 Civic Center Drive, San Marcos, during normal business hours. Packet documents are also posted online at www.san-marcos.net. Agenda-related writings or documents provided to a majority of the City Council after distribution of the agenda packet will be available for public inspection at the time of distribution in the City Clerk Department located on the second floor of City Hall, 1 Civic Center Drive, San Marcos, CA during normal business hours. The same materials are also posted online at www.san-marcos.net as time permits. City of San Marcos Page 1 City Council Regular Agenda October 28, 2014 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. B. CONSENT CALENDAR 1. WAIVER OF TEXT. This item is to waive the reading of the text of all Ordinances and Resolutions introduced and adopted at this meeting. Ordinances and Resolutions shall be introduced or adopted by title. Recommendation: WAIVE 2. 14-047 APPROVAL OF MINUTES Recommendation: APPROVE the regular City Council meeting minutes of October 14, 2014. Attachments: Minutes 3. 14-025 APPROVAL OF WARRANTS Recommendation: APPROVE - City Council, Successor Agency, and Fire Protection District warrants. Attachments: Warrants 4. TMP-0203 ordinance no. 2014-1401 - SECOND READING, amendment to san marcos municipal code section 1.08.010 - rules of construction Recommendation: ADOPT - Second reading, amendment to San Marcos Municipal Code, Section 1.08.010 to modify the Rules of Construction. Attachments: Ordinance No. 2014-1401 5. TMP-0204 ORDINANCE NO. 2014-1402 - SECOND READING, AMENDMENT TO SAN MARCOS MUNICIPAL CODE SECTION 2.16.070 - CONTROLS ON CAMPAIGN CONTRIBUTIONS Recommendation: ADOPT - Second reading, amendment to San Marcos Municipal Code, Section 2.16.070 to modify Controls on Campaign Contributions. Attachments: Ordinance No. 2014-1402 City of San Marcos Page 2 City Council Regular Agenda October 28, 2014 6. TMP-0184 RESOLUTION NO. 2014-7992 - aWARD OF LANDSCAPE MAINTENANCE Services CONTRACT - UNIVERSITY COMMONS cfd (f-23), San Elijo Road (Cfd 98-02), VENZANO (f-38), sOUTH tWIN oAKS VALLEY ROAD (CFD 98-02) Recommendation: ADOPT a resolution awarding the contract for Landscape Maintenance Services - University Commons (F-23), San Elijo Road (CFD 98-02), Venzano (F-38), and South Twin Oaks Valley Road (CFD 98-02) in the amount of $215,115 to Executive Landscape, Inc. Attachments: RESO Landscape Maint. Contract F-23,38, T.O.V.R. 7. TMP-0192 RESOLUTION NO. 2014-7993- ACCEPT PROJECT AND AUTHORIZE FILING NOTICE OF COMPLETION FOR CONNORS PARK (SAN MARCOS ELEMENTARY SCHOOL PARK) PROJECT, CAPITAL IMPROVEMENT PROJECT (CIP) #88226 Recommendation: ADOPT a resolution accepting the improvements included in the Connors Park Project (Project), ordering the recording of a Notice of Completion and authorizing the release of construction bonds required per the contract between the City of San Marcos and Western Rim Construction, Inc. The City Clerk is to release the Faithful Performance Bond one (1) year after the Notice of Completion has been recorded. Attachments: Connors Resolution Final Payment 09 22 2014 Connors Park - Report of Completion VM_ConnorsPark 8. TMP-0195 RESOLUTION NO. 2014-7994 - AUTHORIZATION TO FORECLOSE ON DELINQUENT PROPERTY OWNERS Recommendation: ADOPT a resolution authorizing foreclosure on property owners that are delinquent in the payment of Community Facilities District (CFD) special taxes. Attachments: Reso - CFD - Ordering Foreclosure - 10-28-14.doc Exhibit A - List of Delinquencies for Resolution.pdf 9. 14-067 resolution no. 2014-7995 - aWARD CONTRACT FOR CITYWIDE STREET LIGHT LED CONVERSION PROJECT Recommendation: ADOPT a resolution awarding a professional services contract to Southern Contracting Inc. for design, installation and project management services for the Citywide Street Light LED Conversion Project Contract in an amount not to exceed $1,100,000. Attachments: Street light LED Reso ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. NEW BUSINESS City of San Marcos Page 3 City Council Regular Agenda October 28, 2014 10. TMP-0206 ADOPT RESOLUTION NO. 2014-XX, AUTHORIZING A BUDGET AMENDMENT APPROPRIATING $8,850,425 FROM GENERAL FUND EXCESS UNASSIGNED RESERVES TO CREEKSIDE MARKetPLACE FUND TO PURCHASE BUILDING A AND Fund TENANT IMPROVEMENTS FOR HOBBY LOBBY, LLC AND WINCO, INC.. Recommendation: ADOPT a resolution authorizing a budget amendment appropriating $8,850,425 from General Fund Excess Unassigned Reserves to Creekside Marketplace Fund to purchase former Lowe's Building A and fund tenant improvements for Hobby Lobby, LLC and WinCo, Inc. Attachments: Resolution amending budget for Creekside Bldg purchase and tenant improvements Lowe's Creekside - Winco Updated Financial Analysis Slide_102214 11. 14-076 RESOLUTION NO. 2014-7997 - CREEKSIDE MARKETPLACE BUILDING “A” CONSTRUCTION CONTRACT. Recommendation: ADOPT a resolution awarding a contract to Richard & Richard Construction Company, Inc. for the Creekside Marketplace Building "A" Construction Improvements and authorize City Manager to finalize and execute necessary contract documents. Attachments: Creekside Improvements Reso ORDINANCES 12. TMP-0200 Ordinance NOS. 2014-1403 & 2014-1404 - AMend san marcos munIcipal code (smmc) sections 8.80 and 10.10 AS IT RELATES TO ELECTRONIC SMOKING DEVICES Recommendation: INTRODUCE Ordinances to amend SMMC sections 8.80 and 10.10 as it relates to electronic smoking devices. Attachments: 8.80 ord redline 10.10 amends redline E-Cigarettes (Smoking in Public) - Clean v2 10212014 E-Cigarettes (Youth Access to Smoking Materials) - Clean v3 10212014 VCC_san marcos SNRC Sept draft minutes Palomar Health Community Action - Letter of Suport American Academy of Pediatrics- abstract 2014 Congressional Staff Report ORAL COMMUNICATIONS - CONTINUED Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. REPORTS (INCLUDING AB 1234 REPORTING REQUIREMENTS) 13. 14-037 REGIONAL ECONOMIC REPORT (MAYOR DESMOND) Recommendation: Note and File City of San Marcos Page 4 City Council Regular Agenda October 28, 2014 14. 14-038 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (COUNCILMEMBER ORLANDO) Recommendation: Note and File Attachments: 14-SANDAG 15. 14-039 NORTH COUNTY TRANSIT DISTRICT REPORT (VICE MAYOR JONES) Recommendation: Note and File. Attachments: 15-NCTD 16. 14-040 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER JABARA) Recommendation: Note and File 17. 14-041 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER JENKINS) Recommendation: Note and File COUNCIL COMMENTARY ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF SAN MARCOS ) I, PHILLIP SCOLLICK, CITY CLERK OF THE CITY OF SAN MARCOS, HEREBY CERTIFY THAT I CAUSED THE POSTING OF THIS AGENDA IN THE GLASS DISPLAY CASE AT THE NORTH ENTRANCE OF CITY HALL AND ON THE CITY'S WEBSITE ON OCTOBER 23, 2014, AT 5:00 P.M. DATE: OCTOBER 23, 2014 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 5