City Council

Tuesday, January 12, 2021 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 January 12, 2021 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL CONSENT CALENDAR 1. 20-1550 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. 20-1552 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a Special City Council meeting on December 8, 2020 at 6:00 p.m. and a Regular City Council meeting on December 8, 2020 at 6:00 p.m. Attachments: 12-08-2020S Certify Election 12-08-2020R 3. 20-1551 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 12/14/2020 and 01/04/2021. Attachments: Warrants 12142021 Warrants 01042021 4. TMP-1466 SAN MARCOS MOBILE ESTATES RENT REVIEW PETITION FOR PROPOSED RENT INCREASE Recommendation: Schedule a public hearing before the Mobilehome Rent Review Commission on one of the dates listed below. Attachments: Notice of Adequacy of Petition 11032020 5. 20-1560 RESOLUTION NO. 2021-8843 - CANCELLATION OF THE JANUARY 26, 2021 REGULAR CITY COUNCIL MEETING Recommendation: ADOPT a resolution cancelling the January 26, 2021 regular City Council meeting. Attachments: Resolution No. 2021-XXXX City of San Marcos Page 2 City Council Regular Agenda January 12, 2021 6. TMP-1467 RESOLUTION NO. 2021-8844 - ADOPTION OF THE 2021 LEGISLATIVE PLATFORM Recommendation: ADOPT a resolution approving the 2021 San Marcos Legislative Platform to guide the City's legislative program and advocacy activities. Attachments: Resolution Attachment A - 2021 Legislative Platform Attachment B - 2021 Legislative Platform With Track Changes 7. TMP-1470 RESOLUTION NO. 2021-8845 - REJECTING A PROTEST RELATED TO RFP 20-03 (MUNICIPAL STORMWATER PROGRAM IMPLEMENTATION SUPPORT SERVICES, ON-GOING), AWARDING A MULTI YEAR CONTRACT FOR MUNICIPAL STORMWATER PROGRAM IMPLEMENTATION SUPPORT SERVICES, AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A CONSULTANT SERVICES CONTRACT AND ALL RELATED DOCUMENTS WITH D-MAX ENGINEERING, INC. Recommendation: ADOPT a resolution rejecting a protest related to RFP 20-03 (Municipal Stormwater Program Implementation Support Services, On-Going), awarding a multi year contract for Municipal Stormwater Program Implementation Support Services to D-MAX Engineering, Inc. in the amount of $255,000 per year, and authorizing the City Manager to finalize and executed a consulting services contract and all related documents to D-Max Engineering, Inc.. Attachments: Resolution_20210106_Final Staff Report_Attachment A_Protest Summary and Response_RevFinal 8. TMP-1473 RESOLUTION NO. 2021-8846 - AUTHORIZING AWARD OF A MULTI-YEAR CONTRACT NOT TO EXCEED SEVEN (7) YEARS AND DELEGATING AUTHORITY TO THE CITY MANAGER TO FINALIZE AND EXECUTE A CONSULTANT SERVICES CONTRACT WITH 30 THREE SIXTY PUBLIC FINANCE, INC. FOR SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND COMMUNITY FACILITIES DISTRICTS CONSULTING SERVICES Recommendation: ADOPT a resolution authorizing the award of a multi-year consultant services contract not to exceed seven (7) years and delegating authority to the City Manager to finalize and execute a consulting services contract to 30 Three Sixty Public Finance, Inc. for Successor Agency to the Redevelopment Agency (SARDA) and Community Facilities Districts (CFD) Consulting Services. Attachments: SARDA Consultant_SAReso_20201224 City of San Marcos Page 3 City Council Regular Agenda January 12, 2021 9. TMP-1472 RESOLUTION NO. SA 2021-030 - APPROVING THE 21-22 RECOGNIZED OBLIGATION PAYMENTS SCHEDULE (ROPS) AND ADMINISTRATION BUDGET AS REQUIRED BY HEALTH & SAFETY CODE SECTION 34177 Recommendation: ADOPT a resolution approving the Recognized Obligation Payment Schedule (ROPS) and Administration Budget for the required filing period of July 1, 2021 through June 30, 2022. Attachments: ROPS 21-22_SAReso_20201202 ROPS 21-22 20201217 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. NEW BUSINESS 10. 20-1549 CITY COUNCIL REORGANIZATION AND APPOINTMENTS TO OUTSIDE AGENCIES Recommendation: APPOINT individual City Councilmembers to serve a two year term (or other term specified), from January 2021 to December 2022, on the North County Dispatch Joint Powers Authority (NCDJPA), League of California Cities-San Diego Division (LOCC-SD), North County Transit District (NCTD), Southern California Joint Powers Insurance Authority (SCJPIA), San Diego Association of Governments (SANDAG) and School District Joint Working Group. APPOINT a City Councilmember to the position of Mayor Pro Tem for a two year term from January 2021 to December 2022 to fulfill the duties as assigned pursuant to San Marcos Municipal Code 2.08.040. APPOINT the Mayor and Mayor Pro Tem to serve as Chair and Vice Chair, respectively, of the San Marcos Fire Protection District. Attachments: 2019 Outside Agency Appointments Form 806 City of San Marcos Page 4 City Council Regular Agenda January 12, 2021 11. 20-1559 APPOINTMENTS TO CITY BOARDS, COMMITTEES AND COMMISSIONS Recommendation: APPOINT individuals to positions on City Boards, Committees and Commissions. Attachments: 2020 December Commission Application List _BRC Applications _CAP Applications _Parks & Rec Applications _Planning Applications _SMCF Applications _Traffic Commission Applications _Youth Commission Applications 12. TMP-1477 RESOLUTION NO. 2021-8847 - CONSIDERATION OF AMICUS CURIAE BRIEF OR OTHER FORM OF PARTICIPATION IN MIDWAY VENTURE LLC, ET AL., V GAVIN NEWSOM, AS GOVERNOR, ETC., ET AL., RELATING TO PUBLIC HEALTH ORDERS Recommendation: CONSIDER resolution authorizing the City's amicus curiae or other form of participation in the Midway Venture LLC, et al., v. Gavin Newsom, as Governor, etc., et al., matter, to express support for outdoor dining. Attachments: Resolution re Amicus Curiae Brief -Midway Venture Case 01042021.doc Court Ruling 12.16.20.pdf 2021-01-04 State Defendant's Appellants' Opening Brief.pdf 2021-01-04 County Defendant's Appellant's Opening Brief.pdf 13. TMP-1471 CONSIDERATION AND POTENTIAL INITIATION OF A COUNCIL RECOGNITION PROGRAM Recommendation: Adopt a City Council recognition program. 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) 14. 20-1553 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File Attachments: SANDAG 12182020 SANDAG 01082021 City of San Marcos Page 5 City Council Regular Agenda January 12, 2021 15. 20-1554 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 16. 20-1555 NORTH COUNTY TRANSIT DISTRICT REPORT (MAYOR PRO TEM JENKINS) Recommendation: Note and File. Attachments: NCTD 12172020 17. 20-1556 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER WALTON) Recommendation: Note and File 18. 20-1557 SAN MARCOS UNIFIED SCHOOL DISTRICT JOINT WORKING GROUP (MAYOR JONES) Recommendation: Note and File 19. 20-1558 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 JANUARY 7, 2021, 5:30 P.M. DATE: JANUARY 7, 2021 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 6