City Council

Tuesday, October 13, 2020 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 Pursuant to Governor Newsom’s Executive Order N-29-20 dated March 17, 2020, and Executive Order N-33-20 dated March 19, 2020, issued with respect to the COVID-19 pandemic, this City Council meeting will be conducted utilizing teleconferencing and electronic means. In the interest of reducing the spread of COVID -19, members of the public may only view the meeting online and/or on television, and may not be present in the Council Chamber. Public Comment: To submit a public comment at the City Council meeting, please email cityclerk@san-marcos.net and write “Public Comment” in the subject line, or identify the number of the Agenda item on which you are commenting. In the body of the email, include the item number and /or title of the item as well as your comments. Email comments on matters not on the agenda must be submitted prior to the time the Mayor calls the Oral Communications item. Email comments on any agenda item must be submitted prior to the time the Mayor closes public comments on the agenda item. Please be advised that all emailed comments are subject to the same rules as would otherwise apply to speaker comments at any Council meeting, and that electronic comments on agenda items for this meeting may only be submitted by email. Comments via text message and/or social media (Facebook, Twitter, Instagram, etc.), will not be accepted. The City Clerk will read all email comments, provided that the reading will not exceed five (5) minutes, or such other time as the Council may provide, consistent with its ability to set time parameters for public comment at a Council meeting. If persons submitting comments do not want their comment to be read out loud at the meeting (not to exceed five minutes), they should note “Do Not Read Out Loud at Meeting” at the top of the email. All emailed comments received by 4:00 pm will be provided to the City Council members and included as “Supplemental Information” on the City’s website prior to the meeting. Those comments received after 4:00 pm and prior to the close of public comment on the applicable agenda item will be added to the record and will be shared with the City Council members at the meeting. 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. 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. City of San Marcos Page 1 City Council Regular Agenda October 13, 2020 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. RED RIBBON WEEK - DRUG AND ALCOHOL PREVENTION CONSENT CALENDAR 1. 20-1517 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. 20-1518 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a Regular City Council meeting on September 22, 2020 at 6:00 p.m. Attachments: 09-22-2020R 3. 20-1519 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 10/05/2020. Attachments: WARRANTS 10052020 4. 20-1516 DECLARE VACANCIES ON VARIOUS BOARDS, COMMITTEES AND COMMISSIONS Recommendation: APPROVE the declaration of upcoming vacancies; authorize advertising to accept applications from Wednesday, October 14, 2020 to Thursday, December 10, 2020 at 4:30 p.m.; and conduct appointment process at the City Council meeting on Tuesday, January 12, 2021 to the referenced Board, Committee, and Commission vacancies. Attachments: VACANCY NOTICE Dec 2020 City of San Marcos Page 2 City Council Regular Agenda October 13, 2020 5. TMP-1440 RESOLUTION NO. 2020-8821 - ADOPT A RESOLUTION AUTHORIZING APPROPRIATION OF FUNDS, AND DELEGATING AUTHORITY TO THE CITY MANGER APPLY FOR ELECTRIC VEHICLE CHARGING STATION REBATES/GRANTS AND TO EXECUTE REBATE/GRANT AND CONTRACT DOCUMENTS FOR THE INSTALLATION OF THE CHARGING STATIONS Recommendation: ADOPT a resolution authorizing the appropriation of funds, and delegating authority to the City Manager to apply for electric vehicle charging station rebates/grants and to execute rebate/grant and contract documents for the installation of the charging stations. Attachments: Resolution 2020- 6. TMP-1442 RESOLUTION NO. 2020-8822 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS (APN) 182-076-01, 182-076-02, 182-076-03, AND 220-420-08, AS SURPLUS PROPERTY NO LONGER NECESSARY FOR THE CITY’S USE, AND AUTHORIZING THE ISSUANCE OF ANY APPLICABLE NOTICES OF AVAILABILITY OF SUCH PROPERTY PRIOR TO INITIATION OF DISPOSITION EFFORTS WITH RESPECT TO THE SAME, AS WELL AS THE INITIATION OF NEGOTIATIONS REGARDING THE SALE OF THE SAME Recommendation: ADOPT resolution declaring certain real property identified as APN 182-076-01, 182-076-02, 182-076-03, and 220-420-08, as surplus property no longer necessary for the City's use, and authorizing the issuance of any applicable notices of availability of such property prior to initiation of disposition efforts with respect to the same, as well as the initiation of negotiations regarding the sale of the same. Attachments: Attachment A - Sycamore Property Attachment B - Valpreda Property Resolution -Surplus Properties (Sycamore & Valpreda Properties) 10052020 Resolution 2018-8553A 2019 AB1486 7. TMP-1446 RESOLUTION NO. 2020-8823 - APPROVING THE FOURTH AMENDMENT TO THE REPURCHASE ASSIGNMENT AND REPURCHASE AGREEMENT WITH URBAN VILLAGES SAN MARCOS, LLC Recommendation: ADOPT resolution approving the Fourth Amendment to the Repurchase Assignment and Repurchase Agreement with Urban Villages San Marcos, LLC. Attachments: Resolution Fourth Amendment Purchase Assignment and Repurchase Agreement fourth amendment agreement ORAL COMMUNICATIONS 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. To submit a public comment at the City Council meeting, please email cityclerk@san-marcos.net and write “Oral Communication” in the subject line. Email comments on matters not on the agenda must be submitted prior to the time the Mayor calls the Oral Communications item. City of San Marcos Page 3 City Council Regular Agenda October 13, 2020 PUBLIC HEARINGS 8. TMP-1445 RESOLUTION NO. 2020-8824 - FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR20-003), AND RESOLUTION NO. 2020-8825 - SITE DEVELOPMENT PLAN (SDP19-0005)- KAISER PERMANENTE. REQUEST FOR APPEAL OF ENTITLEMENTS TO DEVELOP A 428,500 SQUARE-FOOT, 7-STORY, 206-BED HOSPITAL IN THE HEART OF THE CITY SPECIFIC PLAN AREA- HOSPITAL COMPLEX (SPA-HC) ZONE. Recommendation: ADOPT or APPROVE the following, in the order set forth below: 1. Denial of the requested Appeal (AA20-0002) and APPROVE Resolution No. 2020-8824 (Certification of Final Supplemental Environmental Impact Report 20-003, State Clearinghouse No. 1992011057) and adopt Findings of Fact; 2. Denial of the requested Appeal (AA20-0002) and APPROVE Resolution No. 2020-8825 (Site Development Plan 19-0005) to allow for the construction of a 7-story, 206-bed hospital in the Heart of the City Specific Plan Area- Hospital Complex (SPA-HC) Zone. Attachments: SDP19-0005_Kaiser Permanente- CC- EIR reso SDP19-0005_Kaiser Permanente- CC- EIR reso Exhibit A- Findings SDP19-0005_Kaiser Permanente- CC- SDP reso SDP19-0005_Staff Report_Attachment A to C SDP19-0005_Staff Report_Attachment D_EIR Appendix A_NOP and NOP Comments SDP19-0005_Staff Report_Attachment D_EIR Appendix B_Bio Letter Report SDP19-0005_Staff Report_Attachment D_EIR Appendix C_Cultural Report SDP19-0005_Staff Report_Attachment D_EIR Appendix D_Water and Sewer Study SDP19-0005_Staff Report_Attachment D_EIR SDP19-0005_Staff Report_Attachment E_public comments SDP19-0005_Staff Report_Attachment F_architecture SDP19-0005_Staff Report_Attachment F_color elevations SDP19-0005_Staff Report_Attachment F_floor plans SDP19-0005_Staff Report_Attachment F_grading plan SDP19-0005_Staff Report_Attachment F_landscape plan SDP19-0005_Staff Report_Attachment F_site plan SDP19-0005_Staff Report_Attachment G_PC staff report SDP19-0005_Staff Report_Attachment H_PC minutes SDP19-0005_Staff Report_Attachment I_PC Additional Item Added #1 thru #7 SDP19-0005_Staff Report_Attachment J_PC approved resolutions SDP19-0005_Staff Report_Attachment K_appeal letter AA20-0002 SDP19-0005_Staff Report_Attachment L_Dudek credentials Kaiser Public Comments Combined 10132020 900am Kaiser Public Comments 10132020 afternoon batch City of San Marcos Page 4 City Council Regular Agenda October 13, 2020 NEW BUSINESS 9. TMP-1423 ORDINANCE NO. 2020-1493 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING TITLE 20, CHAPTERS 20.410 AND 20.600 OF THE SAN MARCOS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND STRUCTURES; AND ORDINANCE NO. 2020-1494, (TEXT AMENDMENT 20-0001), A NON-URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING TITLE 20, CHAPTERS 20.410 AND 20.600 OF THE SAN MARCOS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND STRUCTURES Recommendation: ADOPT OR APPROVE, the following, in the order set forth below: 1. ADOPT Categorical Exemption EX 20-055; 2. ADOPT an urgency ordinance amending Chapter 20.410 and 20.600 of the San Marcos Municipal Code to conform with the requirements of the 2019/2020 State Housing Legislation regarding accessory dwelling units; 3. ADOPT a non-urgency ordinance amending Chapters 20.410 and 20.600 of the San Marcos Municipal Code to conform with the requirements of the 2019/2020 State Housing Legislation regarding accessory dwelling units. Attachments: TA20-0001-ADU_Urgency_ Ord TA20-0001-ADU_Non-Urgency_ Ord EXHIBIT A_TA20-0001_ADU Update_clean EXHIBIT B_TA20-0001_ADU Update_redlined ATTACHMENT A_TA20-0001_HCD Comments Attachment B_Planning Commission Minutes ATTACHMENT C TA20-0001_ADU_Public Comments 10. 20-1515 RESOLUTION NO. 2020-8826 - CANCELLATION OF THE OCTOBER 27, 2020 REGULAR CITY COUNCIL MEETING Recommendation: ADOPT a resolution cancelling the October 27, 2020 regular City Council meetings. Attachments: Reso 2020-XXXX ORAL COMMUNICATIONS - CONTINUED 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. To submit a public comment at the City Council meeting, please email cityclerk@san-marcos.net and write “Oral Communication” in the subject line. Email comments on matters not on the agenda must be submitted prior to the time the Mayor calls the Oral Communications item. REPORTS (INCLUDING AB 1234 REPORTING REQUIREMENTS) City of San Marcos Page 5 City Council Regular Agenda October 13, 2020 11. 20-1520 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File Attachments: SANDAG Agenda 09252020 12. 20-1521 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 13. 20-1522 NORTH COUNTY TRANSIT DISTRICT REPORT (MAYOR PRO TEM JENKINS) Recommendation: Note and File. Attachments: NCTD Special Agenda 10012020 14. 20-1523 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER WALTON) Recommendation: Note and File 15. 20-1524 SAN MARCOS UNIFIED SCHOOL DISTRICT JOINT WORKING GROUP (MAYOR JONES) Recommendation: Note and File 16. 20-1525 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER GRIFFIN) 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 8, 2020, 5:30 P.M. DATE: OCTOBER 8, 2020 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 6