City Council

Tuesday, September 14, 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 require members of the public to maintain social distancing and wear a facial covering at all times while in the Council Chamber. 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. 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 September 14, 2021 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - TANIS BROWN ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. Hispanic Heritage Month Proclamation B. Leukemia and Lymphoma Awareness Month Proclamation CONSENT CALENDAR 1. 21-1674 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. 21-1673 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular city council meeting on July 27, 2021. Attachments: 07-27-2021R 3. 21-1672 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 09/07/2021. Attachments: Warrants 4. 21-1665 RESOLUTION NO. 2021-8917 - AWARDING A SOLE SOURCE CONTRACT TO WESTON SOLUTIONS FOR MONITORING AND ASSESSMENT SERVICES FOR THE CARLSBAD WATERSHED MANAGEMENT AREA Recommendation: ADOPT a resolution awarding a sole source contract to Weston Solutions for monitoring and assessment services for the Carlsbad Watershed Management Area. Attachments: Weston Resolution 2021-XXXX 5. TMP-1590 RESOLUTION NO. 2021-8918 - AWARDING A CONTRACT FOR AS NEEDED PLUMBING MAINTENANCE SERVICES Recommendation: ADOPT a resolution awarding a contract to HPS Mechanical not to exceed $500,000 for plumbing maintenance services. Attachments: RESOLUTION City of San Marcos Page 2 City Council Regular Agenda September 14, 2021 6. TMP-1594 RESOLUTION NO. 2021-8919 - RESCINDING A PRIOR REJECTION AND ACCEPTING THE IRREVOCABLE OFFER OF DEDICATION FOR GENERAL MUNICIPAL PURPOSES OF LOT AAA , AS OFFERED ON MAP 16154 Recommendation: ADOPT a resolution rescinding a prior rejection and accepting the Irrevocable Offer of Dedication of Lot AAA (APN 222-170-38) for General Municipal Purposes, as offered on Map 16154. Attachments: Attachment A_Vicinity Map Attachment B_Map 16154 Attachment C_Resolution_2021_XXXX ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete form located at the rear of the Council Chambers. PUBLIC HEARINGS 7. TMP-1585 RESOLUTION 2021-8920 - DETACHMENT OF CERTAIN TERRITORY FROM LANDSCAPING AND LIGHTING DISTRICT NO. 1 Recommendation: ADOPT resolution declaring the detachment of territory from Landscaping and Lighting District No. 1 subject to the public hearing. Attachments: 2b - Detach Resolution Exhibit A - List of Parcels Vicinity Maps City of San Marcos Page 3 City Council Regular Agenda September 14, 2021 8. TMP-1583 MITIGATED NEGATIVE DECLARATION (ND21-001), ORDINANCE NO. 2021-1500 (SPECIFIC PLAN AMENDMENT 19-0004), RESOLUTION NO. 2021-8921 (GENERAL PLAN AMENDMENT 19-0004), ORDINANCE NO. 2021-1501 (REZONE 19-0002) AND RESOLUTION NO. 2021-8922 (CONDITIONAL USE PERMIT 19-0011)- CARKEL SAN MARCOS. REQUEST FOR APPROVAL OF ENTITLEMENTS TO DEVELOP A 1,797 SQ. FT. COFFEE SHOP LOCATED ON THE SOUTHEAST CORNER OF SAN MARCOS BOULEVARD AND BENT AVENUE. Recommendation: ADOPT or APPROVE the following, in the order set forth below: 1. ADOPTION of Mitigated Negative Declaration (ND21-001); 2. First Reading to APPROVE Ordinance No. 2021-1500 (Specific Plan Amendment SP19-0004) to modify the boundaries of the San Marcos Creek Specific Plan Area; 3. APPROVE Resolution No. 2021-8921 (General Plan Amendment GPA19-0004) for a land use change of 0.55 acres from "San Marcos Creek Specific Plan Area" to "Commercial"; 4. First Reading to APPROVE Ordinance No. 2021-1501 (Rezone R19-0002) for a zone reclassification of 0.55 acres from San Marcos Creek Specific Plan Area (SPA) to Commercial (C); 5. APPROVE Resolution No. 2021-8922 (Conditional Use Permit 19-0011) to allow for a 1,797 square-foot coffee shop with a drive-through facility in the Commercial (C) Zone. City of San Marcos Page 4 City Council Regular Agenda September 14, 2021 Attachments: SP19-0004_Carkel San Marcos- CC- SP reso SP19-0004_Carkel San Marcos- CC- SP reso Exhibit A Specific Plan SP19-0004_Carkel San Marcos- CC- GPA reso SP19-0004_Carkel San Marcos- CC- R reso SP19-0004_Carkel San Marcos- CC- CUP reso SP19-0004_Staff Report_Attachment A-C SP19-0004_Staff Report_Attachment D_MND SP19-0004_Staff Report_Attachment D_MND AppendixA1-ProjectPlans-SPA SP19-0004_Staff Report_Attachment D_MND AppendixA2-Landscape-Concept-Plan SP19-0004_Staff Report_Attachment D_MND AppendixB-Air-Quality-Report SP19-0004_Staff Report_Attachment D_MND AppendixC-CulturalResources SP19-0004_Staff Report_Attachment D_MND AppendixD-Geotechnical-Report SP19-0004_Staff Report_Attachment D_MND AppendixE-CAP-Compliance-Worksheet SP19-0004_Staff Report_Attachment D_MND AppendixF-Phase1-ESA SP19-0004_Staff Report_Attachment D_MND AppendixG-Drainage-Report SP19-0004_Staff Report_Attachment D_MND AppendixH-SWQMP SP19-0004_Staff Report_Attachment D_MND AppendixI-Noise-Report SP19-0004_Staff Report_Attachment D_MND AppendixJ-Fire-Department-Response SP19-0004_Staff Report_Attachment D_MND AppendixK-Traffic-Report SP19-0004_Staff Report_Attachment D_MND AppendixL-VWD-Water-Sewer-Study SP19-0004_Staff Report_Attachment E_public comments SP19-0004_Staff Report_Attachment F_grading plan SP19-0004_Staff Report_Attachment F_landscape plan SP19-0004_Staff Report_Attachment F_site plan architecture SP19-0004_Staff Report_Attachment G_GPA studies SP19-0004_Staff Report_Attachment H_Fiscal and Economic Analysis SP19-0004_Staff Report_Attachment I_PC Minutes City of San Marcos Page 5 City Council Regular Agenda September 14, 2021 9. TMP-1588 RESOLUTION NO. 2021-8923 AND ORDINANCE NO. 2021-1502 - GENERAL PLAN AMENDMENT AND REZONE OF THE RANCHO LA SOMBRA AND RANCHO DE CIMA NEIGHBORHOODS FROM AG/A-1 TO A MIXTURE OF RR/R-1-20 AND VLDR/R-1-10 DESIGNATIONS. Recommendation: ADOPT or APPROVE the following, in the order set forth below: 1. ADOPT Mitigated Negative Declaration (ND19-003); 2. APPROVE Resolution No. 2021-8923 (General Plan Amendment GPA19-0001) to change the land use designation of the project area from Agricultural/Residential (AG) to Rural Residential (RR) and Very Low Density Residential (VLDR); and 3. First Reading to APPROVE Ordinance No. 2021-1502 (Rezone R19-0001) for rezone of the project area from A-1 to a mixture of R-1-20 and R-1-10. Attachments: GPA19-0001 - CC Reso R19-0001 - CC Ord GPA19-0001 - CC Attachment A GPA19-0001 - CC Attachment B GPA19-0001 - CC Attachment C GPA19-0001 - CC Attachment D GPA19-0001 - CC Attachment E GPA19-0001 - CC Attachment F GPA19-0001 - CC Attachment G ORDINANCES 10. TMP-1595 ORDINANCE NO. 2021-1503 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING CHAPTER 8.80 (SMOKING IN CERTAIN PUBLIC PLACES) OF THE SAN MARCOS MUNICIPAL CODE TO PROHIBIT SMOKING IN OUTDOOR/PATIO DINING AREAS AND AREAS ADJACENT THERETO Recommendation: INTRODUCE Ordinance 2021-1503, amending Chapter 8.80 of the San Marcos Municipal Code to prohibit smoking in outdoor/patio dining areas and adjacent areas. Attachments: Ordinance re SMMC Ch 8.80 Revisions - Outdoor Dining Areas.pdf Exhibit A - Revisions to SMMC Chapter 8.80 (Smoking in Certain Public Places) (002).pdf Executive Summary - The Health Consequences of Smoking—50 Years of Progress_ A Report of the Surgeon Fast Facts _ Fact Sheets _ Smoking & Tobacco Use _ CDC.pdf Health Effects of Secondhand Smoke _ CDC.pdf Health Effects of Cigarette Smoking _ CDC.pdf Health Consequences of Smoking, Surgeon General fact sheet _ HHS.pdf City of San Marcos Page 6 City Council Regular Agenda September 14, 2021 11. TMP-1596 ORDINANCE NO. 2021-1504 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, MODIFYING CHAPTER 2.04 (GENERAL) AND CHAPTER 2.08 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE SAN MARCOS MUNICIPAL CODE TO CHANGE THE TERM “MAYOR PRO TEM” TO “DEPUTY MAYOR,” AND MODIFYING CHAPTER 2.20 (CITY OFFICERS) TO CHANGE THE TERM “CITY MANAGER PRO TEM” TO “ACTING CITY MANAGER” Recommendation: INTRODUCE Ordinance 2021-1504, modifying the San Marcos Municipal Code to change the term "Mayor pro tem" to "Deputy Mayor," and to change the term "City Manager pro tem" to "Acting City Manager." Attachments: Ordinance - Mayor PT to DM CM PT to ACM 08232021 ORAL COMMUNICATIONS - CONTINUED Speakers are limited to five minutes. Please complete form located at the rear of the Council Chambers. REPORTS (INCLUDING AB 1234 REPORTING REQUIREMENTS) 12. 21-1671 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 13. 21-1670 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 14. 21-1669 NORTH COUNTY TRANSIT DISTRICT REPORT (MAYOR PRO TEM JENKINS) Recommendation: Note and File. 15. 21-1668 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER WALTON) Recommendation: Note and File 16. 21-1667 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 September 14, 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 SEPTEMBER 10, 2021, 5:30 P.M. DATE: SEPTEMBER 10, 2021 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 8