City Council

Tuesday, January 22, 2019 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 January 22, 2019 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - PASTOR TAI KIM, SAN MARCOS UNITED METHODIST CHURCH ROLL CALL CONSENT CALENDAR 1. 17-1134 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. 17-1135 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a Regular meeting on January 8, 2019 at 6:00 p.m. and Special meeting on January 15, 2019 at 6:00 p.m. Attachments: 01-08-2019R Minutes 01-15-2019S Minutes 3. 17-1136 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated and 01/14/2019. Attachments: warrants-1-14-19 4. 17-1133 ORDINANCE NO. 2019-1469 - SECOND READING TO AMEND CHAPTER 5.44 AND TITLE 20 OF THE SAN MARCOS MUNICIPAL CODE RELATING TO MASSAGE BUSINESSES AND MASSAGE TECHNICIANS Recommendation: ADOPT a second reading of ordinance amending the existing licensing, zoning and health and safety requirements for the business of massage. Attachments: 2019-1469 2019-1469 ExhibitA 2019-1469 ExhibitB 5. TMP-1153 2019 LEGISLATIVE PLATFORM Recommendation: NOTE and REVIEW 2019 San Marcos Legislative Platform in order to amend and/or adopt during Spring 2019 workshops. Attachments: DRAFT 2019 Legislative Platform_010719 6. TMP-1154 LEGISLATIVE REPORT Recommendation: NOTE AND FILE updates to legislation with an official City position. City of San Marcos Page 2 City Council Regular Agenda January 22, 2019 7. 17-1116 FISCAL YEAR 2017-18 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Recommendation: NOTE AND FILE the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2018 along with the independent auditors' letter to the City Council regarding audit results. Attachments: City of San Marcos CAFR FY2018.pdf City of San Marcos SAS 114.pdf 8. TMP-1146 RESOLUTION NO. SHA 2019-035 & RESOLUTION NO. 2019-8580 - REQUESTING APPROVAL OF A PROJECT LOAN INCREASE, MODIFICATIONS TO THE REGULATORY AGREEMENT AND THE REPLACEMENT HOUSING PLAN FOR THE EL DORADO II AFFORDABLE HOUSING PROJECT Recommendation: ADOPT a resolution that the City Council in its capacity as the Successor Housing Agency (SHA) approving (a) a direct project loan of $15,126,837, (b) an additional roll-over of the existing Redevelopment Agency (RDA) loan with the legacy El Dorado project with a current balance of $860,537 including accruing interest, and (c) the Replacement Housing Plan. Also, that the City Council in its own capacity approves a resolution confirming the previously authorized project loan of $1,970,000. Attachments: Affordable Housing - El Dorado II - Resolution - SHA approval of SHA funding package DRAFT - 22 Jan 2019 Affordable Housing - El Dorado II - Resolution - City approval of City funding package DRAFT - 22 Jan 2019 Affordable Housing - El Dorado II - GIS exhibit for Replacement Housing Plan Affordable Housing - El Dorado II - Replacement Housing Plan FINAL A - 9th OPA Amendment Final A - DLA Amendment Final dated 22 Jan 2019 9. 17-1129 RESOLUTION NO. 2019-8573 - 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: 2019-XXXX Event 10. TMP-1149 RESOLUTION NO. 2019-8574 - AWARD CONSTRUCTION CONTRACT FOR THE ANNUAL SURFACE SEAL - 2018 CAPITAL IMPROVEMENT PROGRAM PROJECT (CIP# ST001) Recommendation: ADOPT a resolution awarding a construction contract for the Annual Surface Seal - 2018 Capital Improvement Project (CIP #ST001) to American Asphalt South, Inc. Attachments: Resolution of Award Attachment A - Map of Locations of Work City of San Marcos Page 3 City Council Regular Agenda January 22, 2019 11. TMP-1150 RESOLUTION NO. 2019-8575 - 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: Resolution Authorizing Foreclosure Resolution - Exhibit A.pdf 12. TMP-1141 RESOLUTION NO. 2019-8576 - AWARDING A FIVE YEAR LANDSCAPE MAINTENANCE CONTRACT FOR MIXED AREAS B Recommendation: ADOPT a resolution awarding a five (5) year landscape maintenance contract to PWLC 1, Inc. in the amount of $786,186.00 for the landscape maintenance of Mixed Areas B Attachments: ResoNo2019-XXXXMixedAreasB 13. TMP-1151 RESOLUTION NO. FD 2019-343 - ANNEXATION NO. 73 TO COMMUNITY FACILITIES DISTRICT NO. 2001-01 OF THE SAN MARCOS FIRE PROTECTION DISTRICT Recommendation: ADOPT a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 2001-01. Attachments: Resolution for Annexation No. 73 to Community Facilities District 2001-01 of the San Marcos Fire Protection Di Exhibit A ‐ Certificate of Election Official for CFD No. 2001‐01 ‐Annexation No. 73 Exhibit B - Annexation Boundary Map for CFD No. 2001-01 - Annexation No. 73 Aerial Property Maps for CFD No. 2001-01 - Annexation No. 73_sm Rate and Method of Apportionment of Special Tax for CFD No. 2001-01 14. TMP-1155 RESOLUTION NO. 2019-8577 - ANNEXATION NO. 69 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-01 IMPROVEMENT AREA NO. 1 (POLICE ONLY) Recommendation: ADOPT resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 98-01 IA No. 1 (Police Only). Attachments: Resolution for Annexation No. 69 to the City of San Marcos Community Facilities District No. 98-01 IA No. 1 (P Exhibit A - Certificate of Election Official for CFD No. 98-01 No. 1 - Annexation No. 69 Exhibit B - Annexation Boundary Map for CFD No. 98-01 No. 1 - Annexation No. 69 Aerial Property Maps for CFD No. 98-01 IA1_Annexation No. 69 Rate and Method of Apportionment of Special Tax for CFD No. 98-01 No. 1 City of San Marcos Page 4 City Council Regular Agenda January 22, 2019 15. TMP-1157 RESOLUTION NO. 2019-8578 - ANNEXATION NO. 15 TO COMMUNITY FACILITIES DISTRICT NO. 2011-01 (CONGESTION MANAGEMENT) OF THE CITY OF SAN MARCOS Recommendation: ADOPT a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 2011-01 (Congestion Management) of the City of San Marcos. Attachments: Resolution for Annexation No. 15 to Community Facilities District No. 2011-01 (Congestion Management) of the Exhibit A - Certificate of Election Official for CFD No. 2011-01 – Annexation No. 15 Exhibit B - Annexation Boundary Map for CFD No. 2011-01 – Annexation No. 15 Aerial Property Maps for CFD No. 2011-01_Annexation No. 15 Rate and Method of Apportionment of Special Tax for CFD No. No. 2011-01 16. TMP-1156 RESOLUTION NO. 2019-8579 - ANNEXATION NO. 133 TO COMMUNITY FACILITIES DISTRICT NO. 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) Recommendation: ADOPT a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance). Attachments: Resolution for Annexation No. 133 to Community Facilities District No. 98-02 (Lighting, Landscaping, Open Spa Exhibit A - Certificate of Election Official for CFD No. 98-02_Annexation No. 133 Exhibit B - Annexation Boundary Map for CFD No. 98-02 - Annexation No. 133 Aerial Property Maps for CFD No. 98-02_Annexation No. 133 Rate and Method of Apportionment of Special Tax for CFD No. 98-02 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 5 City Council Regular Agenda January 22, 2019 17. 17-1132 APPOINTMENTS TO CITY BOARDS, COMMITTEES AND COMMISSIONS Recommendation: APPOINT individuals to positions on City Boards, Committees and Commissions. Attachments: New Commission Application List Budget Review Applications Parks & Recreation Applications Traffic Commission Applications Planning Commission Applications San Marcos Community Foundation Applications San Marcos Creek Specifica Plan Oversight Committee Applications Letter of Consideration ORDINANCES 18. TMP-1158 ORDINANCE NO. 2019-1471 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING CHAPTERS 5.55, 8.80, 9.04, 10.10, 10.11 AND 10.46 OF THE SAN MARCOS MUNICIPAL CODE RELATING TO TOBACCO AND SMOKING; CANNABIS USE BY PERSONS UNDER 21 YEARS OF AGE AND SOCIAL HOST OBLIGATIONS; AND RESPONSIBLE ALCOHOL SALES, SERVICE AND DELIVERY TRAINING Recommendation: APPROVE the first reading of an ordinance amending the existing regulations governing tobacco and smoking; cannabis use by persons under 21 years of age and social host obligations; and responsible alcohol sales, service and delivery training. Attachments: Tobacco_Social Host_RBSS Ord (Ord) 01112019.doc Tobacco_Social Host_RBSS Ord (Ex A - SMMC Ch 5.55) 01112019 Tobacco_Social Host_RBSS Ord (Ex B - SMMC Ch 8.80) 01112019 Tobacco_Social Host_RBSS Ord (Ex C - SMMC Ch 9.04) 01112019 Tobacco_Social Host_RBSS Ord (Ex D - SMMC Ch 10.10) 01112019 Tobacco_Social Host_RBSS Ord (Ex E - SMMC Ch. 10.11) 01112019 Tobacco_Social Host_RBSS Ord (Ex F - SMMC Ch 10.46) 01112019 PUBLIC HEARINGS City of San Marcos Page 6 City Council Regular Agenda January 22, 2019 19. TMP-1145 ORDINANCE NO. 2019-1470 (SPECIFIC PLAN 18-0006) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS AMENDING THE EL DORADO SPECIFIC PLAN; ADDENDUM TO MITIGATED NEGATIVE DECLARATION (ND13-009); RESOLUTION NO. 2019-8581 (SITE DEVELOPMENT PLAN 18-0002); AND RESOLUTION NO. 2019-8582 (TENTATIVE PARCEL MAP 18-0002) - EL DORADO II, LP REQUEST FOR APPROVAL TO DEVELOP A 3.68-ACRE MIXED-USE PROJECT LOCATED ON THE WEST SIDE OF PLEASANT WAY, BETWEEN MISSION ROAD AND RICHMAR AVENUE Recommendation: ADOPT or APPROVE the following, in the order set forth below: 1. APPROVE addendum to Mitigated Negative Declaration (ND 13-009) in compliance with Section 15164(b) of the California Environmental Quality Act (CEQA); 2. APPROVE first reading of Ordinance No. 2019-XXX (Specific Plan 18-0006) amending the El Dorado Specific Plan (SP) to modify the development criteria for a mixed-use project by reducing the number of affordable apartment units from 120 to 84; reducing the commercial square footage from 7,000 to 1,970; and allowing for 0.56 acres of community open space; 3. ADOPT a resolution No. 2019-8581 (Site Development Plan 18-0002) approving a Site Development Plan (SDP) for the El Dorado II project to address the design of the proposed mixed-use project including site plan, floor plans, and architectural elevations; and 4. ADOPT Resolution No. 2019-8582 (Tentative Parcel Map 18-0002) approving a Tentative Parcel Map (TPM) for the El Dorado II project to consolidate the existing thirteen (13) parcels into two (2) parcels. Attachments: CC Ord 2019-1470 - El Dorado II SP SP18-0006 SP Ordinance 2019-XXXX Exhibit A Specific Plan CC Reso 2019-8581 - El Dorado II SDP CC Reso 2019-8582 - El Dorado II TPM SP18-0006 Staff Report Attachments A-C SP18-0006 Staff Report Attachment D MND Addendum SP18-0006 Staff Report Attachment D MND Addendum Appendix A-B Site Plan and ND13-009 SP18-0006 Staff Report Attachment D MND Addendum Appendix C-E Specific Plan Air Quality Greenhouse G SP18-0006 Staff Report Attachment D MND Addendum Appendix F Preliminary Drainage SP18-0006 Staff Report Attachment D MND Addendum Appendix G-H SB18 Notification and Water Sewer SP18-0006 Staff Report Attachment E Planning Commission Minutes SP18-0006 Staff Report Attachment F Site Plan Floor Plans Architecture SP18-0006 Staff Report Attachment F Grading Plans SP18-0006 Staff Report Attachment F Landscape Plans SP18-0006 Staff Report Attachment F Tentative Parcel Map SP18-0006 Staff Report Attachment G Redlined Specific Plan Attachment H - Updated HE RHNA Chart (Very Low & Low Income) Attachment I - Updated HE Vacant Sites Inventory (Very Low & Low Income) SP18-0006 Staff Report Attachment J Public Comments City of San Marcos Page 7 City Council Regular Agenda January 22, 2019 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) 20. 17-1146 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 21. 17-1142 NORTH COUNTY TRANSIT DISTRICT REPORT (VICE MAYOR JENKINS) Recommendation: Note and File. 22. 17-1143 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 23. 17-1144 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT Recommendation: Note and File 24. 17-1145 SAN MARCOS UNIFIED SCHOOL DISTRICT JOINT WORKING GROUP Recommendation: Note and File COUNCIL COMMENTARY CLOSED SESSION 25. 17-1147 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. 26. 17-1148 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. 27. 17-1149 CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION [GC 54956.9(d)(1)]. San Diego County Office of Education, et al., v. County of San Diego, et al., Sacramento Superior Court Case Number 34-2017-80002701. ADJOURNMENT City of San Marcos Page 8 City Council Regular Agenda January 22, 2019 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 JANUARY 18, 2018, 5:30 P.M. DATE: JANUARY 18, 2018 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 9