City Council

Tuesday, October 24, 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 October 24, 2017 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - TANIS BROWN ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. INTRODUCTION OF NEW STAFF - MAVIS AGUIANO, REAL PROPERTY MANAGER B. 2017 CAPSTONE AWARD FOR EXCELLENCE IN RISK MANAGEMENT C. VETERANS DAY EVENT PRESENTATION CONSENT CALENDAR 1. 17-818 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. 17-816 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular meeting on October 10, 2017, at 6:00 p.m. Attachments: Minutes 10-10-17R 3. 17-817 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 10/16/2017. Attachments: warrants-10-16-17_2017 4. 17-784 DECLARE VACANCIES ON VARIOUS BOARDS, COMMITTEES AND COMMISSIONS Recommendation: APPROVE the declaration of upcoming vacancies; authorize advertising to accept applications from October 25, 2017 to the close of business on Thursday, December 14, 2017; and conduct interviews at the City Council meeting of Tuesday, January 9, 2018; of the desired appointments to the referenced Board, Committee, and Commission vacancies. 5. TMP-0911 LEGISLATIVE REPORT Recommendation: NOTE AND FILE updates on legislation pending at the federal and state levels. Attachments: Attachment A: Status of bills with a City position City of San Marcos Page 2 City Council Regular Agenda October 24, 2017 6. 17-803 ORDINANCE NO. 2017-1451 - SECOND READING OF AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE SAN MARCOS MUNICIPAL CODE TO CLARIFY PRACTICES RELATING TO PROCESSING CITY LICENSES Recommendation: ADOPT second reading of an ordinance to amend certain provisions contained in San Marcos Municipal Code (SMMC) Chapter 3.08 (Occupational License Tax) and various sections of SMMC Title 5 (Business Regulations) to clarify the practices relating to processing City licenses. Attachments: 2017-1451 2017-1451 City Licenses Redlined 7. 17-824 ORDINANCE NO. 2017-1454 - SECOND READING OF AN ORDINANCE TO REZONE/RECLASSIFY ZONING FROM MULTI-FAMILY RESIDENTIAL (R-3-10) TO PUBLIC-INSTITUTIONAL (P-1) IN THE RICHMAR NEIGHBORHOOD Recommendation: ADOPT second reading of an ordinance to rezone/reclassify zoning from Multi-Family Residential (R-3-10) to Public Institutional (P-1). Attachments: 2017-1454 8. TMP-0915 RESOLUTION NO. 2017-8415 - APPROVE CONSTRUCTION DOCUMENTS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR CITYWIDE TRAFFIC ETHERNET CAPITAL IMPROVEMENT PROJECT (CIP #88530) Recommendation: ADOPT a resolution approving the construction documents and authorize advertisement for bids for the Citywide Traffic Ethernet Project (CIP #88530). Attachments: 88530_Advertise_Reso_102417 Ethernet Exhibit 88530.pdf 9. TMP-0903 RESOLUTION NO. 2017-8416 - AWARDING MAINTENANCE CONTRACT FOR AS-NEEDED HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE SERVICES. Recommendation: ADOPT a resolution awarding a five (5) year maintenance contract for as-needed heating, ventilation, and air conditioning maintenance services to Trane U.S. Inc., not to exceed $1,225,000. Attachments: Resolution 2017-XXXX City of San Marcos Page 3 City Council Regular Agenda October 24, 2017 10. TMP-0906 RESOLUTION NO. 2017-8417 - ORDERING A SUMMARY VACATION OF EXCESS RIGHT-OF-WAY FOR A PORTION OF DISCOVERY STREET AND VIA VERA CRUZ FOR SAN MARCOS CREEK DISTRICT SPECIFIC PLAN PROJECT: VIA VERA CRUZ BRIDGE IMPROVEMENT PROJECT (CIP #88264) Recommendation: ADOPT a resolution Ordering a Summary Vacation of Excess Right-of-Way for a Portion of Discovery Street and Via Vera Cruz in the City of San Marcos for San Marcos Creek District Specific Plan project: Via Vera Cruz bridge improvement project (CIP #88264), which right-of-way is not needed for the San Marcos Creek District Specific Plan Project ("Project") infrastructure improvements. Attachments: Resolution 2017-XXXX Exhibit A-Vicinity Map 221-062-13 RELINQUISHMENT_Exhibits A & B 221-062-36 RELINQUISHMENT_Exhibits A & B 11. 17-826 RESOLUTION NO. 2017-8418 - 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: 2017-XXXX Event 12. TMP-0902 RESOLUTION NO. 2017-8419 - AWARD ON-CALL CONSULTING CONTRACTS FOR CALIFORNIA ENVIRONMENT QUALITY ACT (CEQA) CONSULTING SERVICES Recommendation: ADOPT a resolution awarding multi-year, on-call consulting contracts for preparation and peer review of studies pursuant to the California Environmental Quality Act (CEQA). Attachments: Resolution - on call contracts_BH 13. TMP-0912 RESOLUTION NO. 2017-8420 - MASTER LICENSE AGREEMENT FOR SMALL CELL WIRELESS FACILITIES IN THE CITY RIGHT-OF-WAY Recommendation: ADOPT a resolution approving a Master License Agreement for small cell wireless facilities in the City right-of-way and authorizing the City Manager or his designee to negotiate and execute such agreements with wireless providers. Attachments: Resolution Master License Agreement Item #13 Combined Additional Information 10-23-2017 ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. ORDINANCES City of San Marcos Page 4 City Council Regular Agenda October 24, 2017 14. TMP-0913 ORDINANCE NO. 2017-1453 - FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING SAN MARCOS MUNICIPAL CODE CHAPTER 5.54 AND TITLE 20 TO ADDRESS CANNABIS OPERATIONS, USES AND ACTIVITIES IN THE CITY OF SAN MARCOS Recommendation: APPROVE the first reading of the proposed Ordinance amending San Marcos Municipal Code Chapter 5.54 and Title 20 to address cannabis operations, uses and activities in the City of San Marcos, including, but not limited to, prohibiting commercial cannabis activities, the outdoor cultivation of cannabis, the indoor cultivation of cannabis in excess of what is permitted under State law, and the use and possession of cannabis and cannabis products in public places, places where smoking is prohibited under the San Marcos Municipal Code and otherwise, and within buildings owned, leased or occupied by the City; and APPROVE proposed Negative Declaration (ND 17-006). Attachments: Ordinance 2017-1453.pdf Ordinance 2017-1453 - Ex A.pdf Draft PC Mtg Minutes 10-09-2017.pdf NEW BUSINESS 15. TMP-0910 RESOLUTION NO. SA 2017-022 - SUCCESSOR AGENCY TO THE SAN MARCOS REDEVELOPMENT AGENCY CONFIRMING THE ISSUANCE OF TAXABLE TAX ALLOCATION REFUNDING BONDS AND APPROVING PRELIMINARY AND FINAL OFFICIAL STATEMENTS Recommendation: ADOPT a resolution of the Board of the Successor Agency to the San Marcos Redevelopment Agency confirming the issuance of Taxable Tax Allocation Refunding Bonds and approving the form and authorizing the distribution of a Preliminary Official Statement in connection with the issuance of bonds to refund certain outstanding obligations of the former San Marcos Redevelopment Agency and approving related documents and actions thereto. Attachments: SA Resolution Confirming Issuance of Taxable TARBs 2017 - final version-c2.docx POS - San Marcos Successor Agency 2017 Bonds (2010 Housing Set-Aside Refunding) 10-18-17.pdf PUBLIC HEARING City of San Marcos Page 5 City Council Regular Agenda October 24, 2017 16. 17-827 RESOLUTION NO. 2017-8408 - CARITAS BOND REFUNDING Recommendation: ADOPT a resolution approving joining the California Municipal Finance Authority (the "Authority") and approving, authorizing and directing execution of a Joint Exercise of Powers Agreement relating to the Authority and approving the issuance of revenue bonds in an aggregate principal not to exceed $67,500,000 by the Authority for the purpose of financing and refinancing the acquisition and improvement of the mobile home parks (and other low-income multifamily housing facilities) by the Caritas Corporation (the "Corporation"), Caritas Acquisitions I, LLC (the "Company"), and Caritas Silver Lantern, LLC ("Silver Lantern" and together with the Corporation and the Company the "Borrower"), and certain other matters relating thereto. Attachments: Resolution 2017-XXXX CMFA JPA Agreement- San Marcos Valle Verde Capital Budget Caritas Debt Service Savings 2017 First Supplemental Loan Agreement for Caritas Corp Second Supplemental Indenture - Caritas 2017 2017 CMFA Regulatory Agreement 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) 17. 17-819 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR DESMOND) Recommendation: Note and File 18. 17-820 NORTH COUNTY TRANSIT DISTRICT REPORT (VICE MAYOR JONES) Recommendation: Note and File. Attachments: NCTD Board Agenda Packet 2017-10-19 19. 17-821 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER JABARA) Recommendation: Note and File 20. 17-822 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER JENKINS) Recommendation: Note and File 21. 17-823 SAN MARCOS UNIFIED SCHOOL DISTRICT JOINT WORKING GROUP (COUNCILMEMBER JENKINS) Recommendation: Note and File COUNCIL COMMENTARY City of San Marcos Page 6 City Council Regular Agenda October 24, 2017 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 19, 2017, 5:30 P.M. DATE: OCTOBER 19, 2017 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 7