City Council

Tuesday, June 13, 2017 City of San Marcos 1 Civic Center Drive City Council Regular Agenda San Marcos, CA 92069 City Council Chambers 6 PM 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 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 June 13, 2017 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - CHAPLAIN HUGH MCMENAMIN ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. BADGE PINNING CEREMONY CONSENT CALENDAR 1. 17-712 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. 16-691 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of Special meeting on May 23, 2017, at 12:30 p.m., and Regular meeting on May 23, 2017, at 6:00 p.m. Attachments: 05-23-17R 5-23-17S CM&CA Evaluations 3. 17-713 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 6/5/2017. Attachments: Warrants-6-5-17 4. 17-709 ORDINANCE NO. 2017-1443 - SECOND READING OF ORDINANCE REPEALING AND REPLACING SMMC CHAPTER 5.44 AND AMENDING SMMC SECTION 5.04.010 AND TITLE 20 OF THE SMMC TO REGULATE MASSAGE BUSINESSES CONSISTENT WITH ASSEMBLY BILL 1147. Recommendation: ADOPT second reading of the Ordinance to repeal and replace SMMC Chapter 5.44 and amend Section 5.04.010 and Title 20 of the SMMC to regulate massage businesses in the City of San Marcos consistent with the provisions of California Assembly Bill 1147. Attachments: 2017-1443 City of San Marcos Page 2 City Council Regular Agenda June 13, 2017 5. TMP-0814 RESOLUTION NO. 2017-8349 - LEGISLATIVE REPORT Recommendation: ADOPT a resolution on legislation pending in the state legislature. Attachments: Attachment A Legislative Report Item Attachment B: budget trailer bill letter of opposition Attachment C: AB 76 letter of support Attachment D: AB 175 letter of support Attachment E: AB 1120 letter of support Attachment F: SB 167 letter of opposition Attachment G: AB 678 letter of opposition Attachment H: Resolution 6. 16-684 RESOLUTION NO. 2017-8350 - ACCEPTANCE AND AUTHORIZE FILING NOTICE OF COMPLETION FOR THE CORRUGATED METAL PIPE REPLACEMENT CAPITAL IMPROVEMENT PROGRAM PROJECT (CIP #85001) Recommendation: ADOPT a resolution accepting the improvements included in the Corrugated Metal Pipe Replacement Capital Improvement Program Project (CIP #85001), ordering the recording of a Notice of Completion (NOC), authorizing the release of retention 35 days after filing the NOC, and the release of construction bonds required per the contract between the City of San Marcos and Downstream Services, Inc. The City Clerk is to release the Faithful Performance Bond one (1) year after the NOC has been recorded. Attachments: 85001_Resolution No. 2017-XXXX 85001_Report of Cons_Completion_2017 7. TMP-0805 RESOLUTION NO. 2017-8351 - AWARD A MAINTENANCE CONTRACT FOR TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES Recommendation: ADOPT a resolution awarding a five (5) year maintenance contract for as-needed traffic signal and street light maintenance services to Southwest Signal Service, not to exceed $1,300,000. Attachments: Resolution_RESO NO. 2017-XXXX_Award Traffic Signal and Street Light Maintenance Services City of San Marcos Page 3 City Council Regular Agenda June 13, 2017 8. TMP-0809 RESOLUTION NOS. 2017-8352 & 2017-8353 - PRELIMINARY ENGINEER’S REPORT AND INTENT TO LEVY ASSESSMENT FOR THE VALLECITOS TOWN CENTER STREET MAINTENANCE DISTRICT (“DISTRICT”) FOR FISCAL YEAR 2017-2018 Recommendation: ADOPT resolutions approving the preliminary engineer's report and declaring the City of San Marcos' intention to levy and collect assessments in the District for fiscal year 2017-2018 and establishing a subsequent public hearing at a regular meeting of the San Marcos City Council on June 27, 2017, at 6:00 p.m. Attachments: 2b - Reso approving Engrs Report FY2017-18.doc 2c - Reso to set Public Hearing and Eng Rpt FY2017-18.doc Prelim Engineer's Report.pdf Vicinity Map.pdf 9. TMP-0811 RESOLUTION NO. 2017-8354 - ORDER AN ENGINEER’S REPORT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2017/2018 Recommendation: ADOPT a resolution ordering the preparation of an Engineer's Report for the Landscaping and Lighting District No. 1 for Fiscal Year 2017/2018. Attachments: 1b - Reso - Order of Eng Rpt.doc LMD Renewal Assessment Diagram.pdf 10. 17-710 RESOLUTION NO. 2017-8355 - LEGAL ADVERTISING FOR FISCAL YEAR 2017/2018 Recommendation: ADOPT a resolution that establishes a contract to provide legal advertising services for the period July 1, 2017 through June 30, 2018. Attachments: resolution 2017-xxxx Notice of Sealed Bids 11. 17-719 RESOLUTION NO. 2017-8356 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MARCOS AND THE SAN MARCOS PROFESSIONAL FIREFIGHTERS’ ASSOCIATION Recommendation: ADOPT a resolution approving a Memorandum of Understanding (MOU) with the San Marcos Firefighters' Association (SMPFFA) for the period of July 1, 2017 through June 30, 2019 to replace the existing MOU that expires on June 30, 2017. Attachments: 2017-XXXX Fire MOU 2017_final City of San Marcos Page 4 City Council Regular Agenda June 13, 2017 12. TMP-0813 RESOLUTION NO. 2017-8357 - CONSIDERATION AND ACTION ON PROPOSED THIRD AMENDMENT TO OWNER PARTICIPATION AND SUBSTANTIAL CONFORMANCE AGREEMENT AND SECOND AMENDMENT TO FIRST IMPLEMENTATION AGREEMENT FOR THE PALOMAR STATION PROJECT Recommendation: ADOPT a resolution authorizing the City Manager and City Attorney to finalize and execute the proposed Third Amendment to Owner Participation and Substantial Conformance Agreement and Second Amendment to First Implementation Agreement for the Palomar Station Project. Attachments: Reso (Palomar Station 3d Amend to OP-SCA and 2d Amend to 1st Imp Agmt) rev2 05262017 Final CLEAN Third Amendment to OPA 06072017 Executed 1st Implementation Agmt (Bridge) 12112012 Palomar Station 1st Amendment to OPA-SCA Palomar Station Re-recorded OPA-SCA Integral Project Owner Second Amendment to Owner Participation 13. 17-711 RESOLUTION NO. 2017-8358 - APPOINTMENT TO THE SAN MARCOS CREEK SPECIFIC PLAN OVERSIGHT COMMITTEE Recommendation: ADOPT a resolution to appoint Edgar Engert to replace Betty Ferguson on the San Marcos Creek Specific Plan Oversight Committee with the term expiring December 31, 2020. Attachments: Resolution-Creek Board Update ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. PUBLIC HEARINGS 14. TMP-0810 CONTINUE PUBLIC HEARING OF THE DETACHMENT OF THE PROPOSED TERRITORY FROM LANDSCAPING AND LIGHTING DISTRICT NO. 1 TO JUNE 27, 2017 AT 6:00 P.M. Recommendation: CONTINUE the public hearing to June 27, 2017 for the declaring the detachment of territory from Landscaping and Lighting District No. 1. City of San Marcos Page 5 City Council Regular Agenda June 13, 2017 15. TMP-0822 ORDINANCE NO. 2017-1444 - FIRST READING OF AN ORDINANCE APPROVING AMENDMENT NO. 2 TO FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS, AND SAN ELIJO HILLS DEVELOPMENT COMPANY, LLC. (P16-0038 (DA16-002)) Recommendation: APPROVE the first reading of an ordinance to approve Amendment No. 2 to the First Amended and Restated Development Agreement and Owner Participation Agreement between the City of San Marcos and San Elijo Hills Development Company, LLC for the San Elijo Hills project (P16-0038 (DA16-002)). Attachments: CC Ord - 2nd Amend San Elijo DA 06062017 Attachment B SEH Amendment No. 2 NEW BUSINESS 16. TMP-0819 RESOLUTION NOS. 2017-8359, 2017- 8360, 2017- 8361 - PROPOSED OPERATIONS & MAINTENANCE BUDGET FOR FISCAL YEAR (FY) 2017-18 AND CAPITAL IMPROVEMENT PROJECTS BUDGET FOR FISCAL YEAR (FY) 2017-18 THRU FY 2021-22 FOR THE CITY OF SAN MARCOS Recommendation: ADOPT the following three resolutions: 1) Resolution 2017- 8359 adopting the Operation & Maintenance Budget for FY 2017-18 and Capital Improvement Projects Budget for FY 2017-18 thru FY 2021-22 and authorizing the appropriation of the funds from the City Treasury. Additionally, this resolution adopts the FY 2017-18 classification and compensation schedule. All of the salaries included in the proposed budget are based upon this schedule. 2) Resolution 2017-8360 authorizing the appropriation and transfer of funds for the establishment of an appropriated reserve fund for future expenditures and/or contingencies for FY 2017-18. 3) Resolution 2017- 8361 setting the tax rate for FY 2017-18. Attachments: CIty Manager's Budget Transmittal Letter.pdf Proposed Operations & Maintenance Budget for FY 2017-18 Proposed Capital Improvement Projects Budget for FY 2017-18 thru 2021-22 Resolution 2017-XXXX Adopting Budget 2017-18.docx Exhibit A - Classification and Compensation Schedule.pdf Resolution 2017-XXXX Establishing Reserves 2017-18.docx Resolution 2017-XXXX Setting Tax Rate 2017-18.docx 17. TMP-0821 RESOLUTION NO. 2017-8362 - AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT AMENDMENT Recommendation: ADOPT a resolution to approve an amendment to the City Manager employment agreement. Attachments: Resolution City Manager 5th Addendum to Employment Agreement Resolution 6 13 17 5th Addendum to City Manager Employment Agmt City of San Marcos Page 6 City Council Regular Agenda June 13, 2017 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) 18. 17-714 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR DESMOND) Recommendation: Note and File Attachments: SANDAG 5-26-17 SANDAG 6-9-17 19. 17-715 NORTH COUNTY TRANSIT DISTRICT REPORT (VICE MAYOR JONES) Recommendation: Note and File. 20. 17-716 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER JABARA) Recommendation: Note and File 21. 17-717 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER JENKINS) Recommendation: Note and File Attachments: NCDJPA 5-25-17 COUNCIL COMMENTARY CLOSED SESSION 22. 17-722 CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION [GC 54956.9(d)(1)]. Citizens Development Corporation, Inc. vs. County of San Diego, City of San Marcos, et. al., United States District Court Case No. 12CV0334 IEG RBB. 23. 17-723 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION [GC 54956.9(d)(4) . Confer with City Manager and City Attorney regarding potential litigation, one potential action against Pacific Indemnity and/or Great American Insurance, arising from the pending litigation matter described in the preceding item. ADJOURNMENT City of San Marcos Page 7 City Council Regular Agenda June 13, 2017 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 JUNE 9, 2017, 5:30 P.M. DATE: JUNE 9, 2017 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 8