City Council

Tuesday, November 15, 2016 City of San Marcos 1 Civic Center Drive City Council Regular Agenda San Marcos, CA 92069 City Council Chambers 6 PM Special 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 Regular Fire Protection District Meeting Special San Marcos Public Financing Authority Meeting Regular San Marcos Public Facilities Authority Meeting 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 November 15, 2016 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - TANNIS BROWN ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. PROCLAIMING DRUGGED DRIVING AWARENESS MONTH B. PROCLAIMING SMALL BUSINESS SATURDAY C. RESPECT PROJECT - COPPS D. YOUTH COMMISSION REPORT E. COMMUNITY SERVICES COMMISSION REPORT CONSENT CALENDAR 1. 16-583 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. 16-584 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of the Regular City Council meeting of October 25, 2016 at 6:00 p.m. Attachments: Minutes 10-25-16R 3. 16-585 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 11/7/2016. Attachments: 3-warrants-11-7-16 4. 16-591 FIRST QUARTER FISCAL YEAR 2016-17 FINANCIAL STATUS REPORT. Recommendation: NOTE and FILE First Quarter Fiscal Year 2016-17 Financial Status Report. Attachments: Financial Status Report 9.30.16.pdf City of San Marcos Page 2 City Council Regular Agenda November 15, 2016 5. 16-582 RESOLUTION NO. 2016-8275 - EXPENDITURE OF FUNDS PURSUANT TO COMPENSATION AND REIMBURSEMENT POLICY EVENT TICKET APPROVAL Recommendation: ADOPT a resolution approving expenditure of funds for attendance at a public purpose event. Attachments: 2016-xxxx Event 6. TMP-0697 RESOLUTION NO. 2016-8276 - REGIONAL WINTER SHELTER SUPPORT Recommendation: ADOPT a resolution approving participation in the tenth year of the Regional Winter Shelter System and allocate $62,900 in homeless winter shelter support. Attachments: Reso - 2016-XXXX Winter Shelter Support Summary of SM shelter support FY 15-16 ARS Shelter Report 7. TMP-0702 RESOLUTION NO. 2016-8277 - AMENDING THE CITY’S 2016 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM LIST OF PROJECTS. Recommendation: ADOPT a resolution to approve an amendment to the City's 2016 Regional Transportation Improvement Program List of Projects. Attachments: TransNet RTIP Amendment Resolution_101816 RTIP Amendment 2016-01_Project Summary Report_110716 8. TMP-0681 RESOLUTION NOS. 2016-8278 AND 2016-8279 - ANNEXATION NO. 125 TO COMMUNITY FACILITIES DISTRICT NO. 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) (“CFD NO. 98-02”) DESIGNATION OF IMPROVEMENT AREA F-56 THERETO Recommendation: ADOPT resolutions approving the boundary of the territory to be annexed to Community Facilities District No. 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance) (CFD No. 98-02) and Improvement Area F-56 thereto (IA F-56); resolution declaring the intention to annex such territories to CFD No. 98-02 and IA F-56 and setting the public hearing date for January 10, 2017. Attachments: BOUNDARY MAP Reso-2016- Boundary Map Adopt Reso-2016- Intent to Annex Vicinity Map - Corner@ 2 Oaks RMA - FINAL 9. TMP-0704 RESOLUTION NO. 2016-8280 - APPROVE THE APPROPRIATION OF ADDITIONAL FUNDS TO THE FISCAL YEAR 2016-17 CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE ARMORLITE DRIVE SMART GROWTH CORRIDOR ENHANCEMENTS PROJECT #88539. Recommendation: ADOPT the attached resolution approving the appropriation of $187,400 additional funding to the FY2016-17 Capital Improvement Program (CIP) budget for the Armorlite Drive Smart Growth Corridor Enhancements project #88539. Attachments: 88539_Resolution_110916 City of San Marcos Page 3 City Council Regular Agenda November 15, 2016 ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. PUBLIC HEARING 10. TMP-0701 ORDINANCE NO. 2016-1434 - CONSIDERATION OF FIRST EXTENSION OF INTERIM URGENCY ORDINANCE NO. 2016-1432 TO CONTINUE THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF MARIJUANA DISPENSARIES, THE OUTDOOR CULTIVATION AND PROCESSING OF MARIJUANA, THE INDOOR CULTIVATION AND PROCESSING OF MARIJUANA IN EXCESS OF WHAT IS PERMITTED UNDER THE “CONTROL, REGULATE AND TAX ADULT USE OF MARIJUANA ACT,” AND THE USE AND POSSESSION OF MARIJUANA AND MARIJUANA PRODUCTS IN PUBLIC PLACES Recommendation: ADOPT the proposed urgency Ordinance extending the existing temporary moratorium on the establishment of marijuana dispensaries, the outdoor cultivation and processing of marijuana, the indoor cultivation and processing of marijuana in excess of what is permitted under the "Control, Regulate and Tax Adult Use of Marijuana Act," and the use and possession of marijuana and marijuana products in public places in the City of San Marcos (City). Attachments: Ordinance Extending AUMA (Prop 64) Moratorium 11022016 City of San Marcos Page 4 City Council Regular Agenda November 15, 2016 11. TMP-0695 ORDINANCE NOS. 2016-1435 AND 2016-1436 AND RESOLUTION NOS. 2016-8281, 2016-8282, 2016-8283, 2016-8284, AND 2016-8285. RESIDENT SUBDIVISION KNOWN AS THE SAN MARCOS HIGHLANDS FROM APPLICANT FAROUK KUBBA. 189-LOT SINGLE-FAMILY RESIDENTIAL LOTS. SPECIFIC PLAN AMENDMENT, PREZONE, TENTATIVE SUBDIVISION MAP, RIDGELINE DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT, GENERAL PLAN AMENDMENT, AND FINAL ENVIRONMENTAL IMPACT REPORT. P13-0009: SP13-001, PZ 14-001, TSM 13-001, ROZ 14-001, CUP 13-010, GPA 15-002, AND FEIR 15-001. Recommendation: ADOPT the following entitlements to allow for a 189 single-family residential lot subdivision within the San Marcos Highlands Specific Plan Area (SPA) Zone: 1. Specific Plan Amendment (SP) 2. Tentative Subdivision Map (TSM) 3. Conditional Use Permit (CUP) 4. Ridgeline Development Permit (ROZ) 5. Prezone (PZ) 6. General Plan Amendment (GPA) 7. Certification of a Final Environmental Impact Report (EIR 15-001, State Clearinghouse No. 1999071007). City of San Marcos Page 5 City Council Regular Agenda November 15, 2016 Attachments: Final Environmental Impact Report (EIR) P13-0009 SM Highlands- CC- SP Ordinance P13-0009 SM Highlands- CC- SP Ord Exhibit A- Specific Plan P13-0009 SM Highlands- CC- TSM reso P13-0009 SM Highlands- CC- CUP reso and exhibit P13-0009 SM Highlands- CC- ROZ reso and exhibit P13-0009 SM Highlands- CC- PZ Ordinance and exhibit P13-0009 SM Highlands- CC- GPA reso and exhibit P13-0009 SM Highlands- CC- EIR reso P13-0009 SM Highlands- CC- EIR reso Exhibit A- FindingsOfFact P13-0009 SM Highlands- CC- Attachments A-C P13-0009 SM Highlands- CC- Attachment D- PC minutes P13-0009 SM Highlands- CC- Attachment E- public comments part 1 P13-0009 SM Highlands- CC- Attachment E- public comments part 2 P13-0009 SM Highlands- CC- Attachment E- public comments part 3 P13-0009 SM Highlands - 11-10-16 Comments Combined Red P13-0009 SM Highlands - 11-10-16 County-responses P13-0009 SM Highlands- CC- Attachment F- simulations P13-0009 SM Highlands- CC- Attachment G- TSM P13-0009 SM Highlands- CC- Attachment H- landscaping 11-14-16 Additional Comments 11-15-16 P13-0009 SM Highlands- CCmemo (2) 2016-8281 Change 11-15-16 P13-0009 SM Highlands - Response to Comments Combined 11-15-16 P13-0009 SM Highlands - Additional Comments 12 noon 11-15-16 P13-0009 SM Highlands- response to comments- batch2 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) 12. 16-586 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR DESMOND) Recommendation: Note and File Attachments: SANDAG 10-28-16 13. 16-587 NORTH COUNTY TRANSIT DISTRICT REPORT (VICE MAYOR JONES) Recommendation: Note and File. City of San Marcos Page 6 City Council Regular Agenda November 15, 2016 14. 16-588 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER JABARA) Recommendation: Note and File Attachments: 11-14-16 League San Diego County Division Meeting Agenda 15. 16-589 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER JENKINS) Recommendation: Note and File COUNCIL COMMENTARY CLOSED SESSION 16. TMP-0705 CONFERENCE WITH LEGAL COUNSEL - REAL PROPERTY NEGOTIATIONS [GC 54956.8] AND POTENTIAL LITIGATION [GC 54956.9(d)(4)] . Confer with City Manager, City Attorney, Real Property Manager and Economic Development Manager regarding City-owned real property identified as follows: APN 219-152-14; APN 219-152-18; APN 219-152-40; APN 219-152-42; APN 219-152-44; APN 219-152-45; APN 219-152-47; APN 219-152-51; and APN 219-152-61, three potential actions. 17. TMP-0706 CONFERENCE WITH LEGAL COUNSEL - REAL PROPERTY NEGOTIATIONS [GC 54956.8]. Confer with City Manager, City Attorney, Real Property Manager and Economic Development Manager regarding City-owned real property identified as follows: APN 276-248-01. 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 NOVEMBER 10, 2016, 5:30 P.M. DATE: NOVEMBER 10, 2016 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 7