City Council

Tuesday, February 9, 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 February 9, 2021 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. CERTIFICATE OF RECOGNITION CONSENT CALENDAR 1. 21-1562 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. 21-1563 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a Regular City Council meeting on January 12, 2020 at 6:00 p.m. Attachments: 01-12-2021R 3. 21-1564 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 01/05/2021 and 01/21/21. Attachments: Warrants1-19 Warrants2-02 4. 21-1561 RESOLUTION NO. 2021-8848 - CANCELLATION OF THE FEBRUARY 23, 2021 REGULAR CITY COUNCIL MEETING Recommendation: ADOPT a resolution cancelling the February 23, 2021 regular City Council meeting. Attachments: Resolution No. 2021-XXXX City of San Marcos Page 2 City Council Regular Agenda February 9, 2021 5. TMP-1481 RESOLUTION NO. 2021-8849 - CONSIDERATION OF AND ACTION ON SB 1205 STATE MANDATED FIRE INSPECTION COMPLIANCE REPORT Recommendation: ADOPT a resolution acknowledging receipt of the Annual State Mandated Inspection Compliance Report. The Report reflects that the San Marcos Fire Department has conducted 100% of inspections of certain structures as required by the California Health and Safety Code Section 13146.4. Attachments: 2020 HS 13146.4 Resolution 6. TMP-1482 RESOLUTION NO. 2021-8850 - MODIFICATION OF AREA MEDIAN INCOME LIMITS (AMI) FOR MOBILE HOME SPACES AFFECTED BY CITY OF SAN MARCOS DEED RESTRICTIONS Recommendation: ADOPT a resolution authorizing staff to qualify purchasers of all deed-restricted mobile home spaces at 120% of AMI. Attachments: Resolution No 2021 - XXXX Area Median Income Chart - 2020 7. TMP-1485 RESOLUTION NO. 2021-8851 - INTENT TO APPROVE AN AMENDMENT OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRACT FOR FIRE MANAGEMENT GROUP Recommendation: ADOPT a resolution of intent to amend the California Public Employees' Retirement System Contract to add optional contract provision Section 20516 (Employees Sharing Additional Cost) for Fire Management Group. Attachments: Fire Management Cost Share Resolution Draft updated 1.13.21 8. TMP-1468 RESOLUTION NO. 2021-8852 - AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CITY’S ON-CALL CONSTRUCTION MANAGEMENT CONTRACTS WITH DUDEK Recommendation: ADOPT resolution authorizing the amendment to the City's on-call construction management contracts with Dudek. Attachments: Resolution - Amendment 9. TMP-1480 LEGISLATIVE REPORT Recommendation: NOTE AND FILE updates to legislation with an official City position. 10. TMP-1483 FISCAL YEAR 2019-20 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Recommendation: NOTE AND FILE the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2020 along with the independent auditors' letter to the City Council regarding audit results. Attachments: 2020 Final Report 2020 Final SAS114 Letter City of San Marcos Page 3 City Council Regular Agenda February 9, 2021 11. TMP-1486 RESOLUTION NO. 2021-8853 - DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE THE MEMBER AGENCY ADMINISTERED INCENTIVE PROGRAM FUNDED DISADVANTAGED COMMUNITIES PROJECT AWARD 2021 GRANT AGREEMENT AND ALL RELATED DOCUMENTS Recommendation: ADOPT a resolution delegating authority to the City Manager to execute the Metropolitan Water Authority grant agreement and all related documents to receive funding. Attachments: Reso 2021-XXXX - MAAP Grant Vallecitos Water Bottle Fill Stations (MAAP DAC) Signed and approved agreement 12. TMP-1487 RESOLUTION NO. 2021-8854 RESOLUTION AUTHORIZING AND DELEGATING AUTHORITY TO THE CITY MANAGER TO NEGOTIATE, FINALIZE AND EXECUTE CONTRACT AMENDMENTS WITH GAFCON FOR LABOR COMPLIANCE AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) OVERSIGHT SERVICES ON THE SAN MARCOS CREEK SPECIFIC PLAN INFRASTRUCTURE PROJECT (CIP# 88263, 88264, 88265, 88505, 88507, 88529) Recommendation: ADOPT a resolution authorizing and delegating authority to the City Manager to negotiate, finalize and execute contract amendments and related documents with Gafcon for labor compliance and DBE oversight for the Creek Specific Plan Infrastructure Project. Attachments: Resolution Authorizing Consultant Award 13. TMP-1475 RESOLUTION 2021-8855 - APPROVING THE MID-YEAR ADJUSTMENTS TO AMEND THE FISCAL YEAR 2020-21 BUDGET Recommendation: ADOPT a resolution approving the recommended Mid-Year adjustments to amend the Fiscal Year 2020-21 Budget. Attachments: Amended Budget Resolution Exhibit A - Fiscal Year 2020-21 Mid-Year Budget Amendments Exhibit B - CIP Detail Budget Sheets Exhibit C - Full Time Classification and Compensation Schedule City of San Marcos Page 4 City Council Regular Agenda February 9, 2021 14. TMP-1489 RESOLUTION NOS. 2021-8856 & SMPFA 2021-012- AUTHORIZATION TO ISSUE SPECIAL TAX REFUNDING BONDS, SERIES 2021, FOR COMMUNITY FACILITIES DISTRICT NO. 99-01 (SAN ELIJO HILLS) IMPROVEMENT AREA No. I1, I2 and C2B AND APPROVING THE FORMS OF AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, AN ESCROW DEPOSIT AND TRUST AGREEMENT, AND A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH Recommendation: ADOPT resolutions authorizing the issuance of bonds by the San Marcos Public Financing Authority (the "Authority") and related Special Tax Refunding Bonds by the City of San Marcos Community Facilities District No. 99-01 (San Elijo Hills) ("CFD 99-01") for Improvement Areas No. I1, I2 and C2B (each an "Improvement Area" and, collectively, the "Improvement Areas") and approving the forms of an Indenture of Trust, a Bond Purchase Agreement, an Escrow Deposit and Trust Agreement and a Preliminary Official Statement and authorizing other actions in connection therewith Attachments: Attach. 1 Resolution 2021-XXXX CFD No. 99-01 Special Tax Refunding Bonds - Resolution of Issuance-c1-c1 Attach. 2 Resolution 2021-XXXX SMPFA Special Tax Revenue Refunding Bonds, Series 2021 - Resolution of Attach.3 CFD No. 99-01 Map Attach.4 Fiscal Agent Agreement CFD 99-01 IA I1 Attach.5 Fiscal Agent Agreement CFD 99-01 IA I2 Attach.6 Fiscal Agent Agreement CFD 99-01 IA C2B Attach.7 Bond Purchase Agreement Attach.8 Escrow Deposit and Trust Agreement Attach.9 Preliminary Official Statement Attach.10 Continuing Disclosure Agreement Attach.11 Indenture of Trust City of San Marcos Page 5 City Council Regular Agenda February 9, 2021 15. TMP-1490 RESOLUTION NOS. 2021-8857 & SMPFA 2021-013 - AUTHORIZATION TO ISSUE SPECIAL TAX REFUNDING BONDS OF COMMUNITY FACILITIES DISTRICT NO. 2002-01 (UNIVERSITY COMMONS) (“CFD 2002-01”) FOR IMPROVEMENT AREA NO. 1 AND APPROVING THE FORMS OF AN ESCROW DEPOSIT AND TRUST AGREEMENT PERTAINING TO THE DEFEASANCE AND REDEMPTION OF THE SAN MARCOS PUBLIC FINANCING AUTHORITY SPECIAL TAX REVENUE REFUNDING BONDS, SERIES 2012B AND SERIES 2012C. Recommendation: ADOPT resolutions authorizing the issuance of bonds by the San Marcos Public Financing Authority (the "Authority") and related Special Tax Refunding Bonds by the City of San Marcos Community Facilities District No. 2002-01 (University Commons) Improvement Area No. 1 ("CFD 2002-01") and the form of an Escrow Deposit and Trust Agreement pertaining to the defeasance and redemption of the San Marcos Public Financing Authority Special Tax Revenue Refunding Bonds, Series 2012B and Series 2012C. Attachments: Attach. 1 Reso 2021-xxxx Attach. 2 Reso SMPFA 2021-xxxx Attach.3 CFD No. 2002-01 Map Attach.4 Fiscal Agent Agreement Attach.5 Bond Purchase Agreement Attach.6 Escrow Deposit and Trust Agreement Attach.7 Preliminary Official Statement Attach.8 Continuing Disclosure 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. PUBLIC HEARINGS 16. TMP-1479 RESOLUTION NO. 2020-8858 - COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL PROGRAM YEAR 2020 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT APPROVAL Recommendation: ADOPT a resolution approving a Substantial Amendment to the Community Development Block Grant Federal Program Year 2020 Annual Action Plan (AAP) to revise the Expected Resources, Annual Goals and Objectives, and Projects sections of the plan and authorize submission of the Substantial Amendment to the U.S. Department of Housing and Urban Development. Attachments: Resolution_PY2020 AAP Sub Amend1_20210111 Substantial Amendment 1_PY2020 AAP _20210111 City of San Marcos Page 6 City Council Regular Agenda February 9, 2021 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) 17. 21-1565 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File Attachments: SANDAG 12182020 SANDAG 01082021 18. 21-1566 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File Attachments: 2-8-21 San Diego County Division Meeting AGENDA 19. 21-1567 NORTH COUNTY TRANSIT DISTRICT REPORT (MAYOR PRO TEM JENKINS) Recommendation: Note and File. Attachments: NCTD 1212021 20. 21-1568 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER WALTON) Recommendation: Note and File 21. 21-1569 SAN MARCOS UNIFIED SCHOOL DISTRICT JOINT WORKING GROUP (MAYOR JONES) Recommendation: Note and File 22. 21-1571 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER GRIFFIN) Recommendation: Note and File COUNCIL COMMENTARY ADJOURNMENT City of San Marcos Page 7 City Council Regular Agenda February 9, 2021 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 FEBRUARY 4, 2021, 5:30 P.M. DATE: FEBRUARY 4, 2021 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 8