City Council

Tuesday, September 28, 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 28, 2021 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - RABBI YAIR YELIN, CHABAD ALEF CENTER OF SAN MARCOS ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. SMILE AWARD B. LEUKEMIA AND LYMPHOMA AWARENESS MONTH PROCLAMATION C. PROCLAIM OCTOBER 1, 2021 AS MANUFACTURING DAY D. SAN DIEGO SHERIFF SENIOR PATROL VOLUNTEER PRESENTATION E. SAN MARCOS PAVEMENT MANAGEMENT PRESENTATION CONSENT CALENDAR 1. 21-1684 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. 21-1683 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular city council meeting on September 14, 2021. Attachments: 09-14-2021R 3. 21-1682 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 09/20/2021. Attachments: Warrants223 City of San Marcos Page 2 City Council Regular Agenda September 28, 2021 4. 21-1685 ORDINANCE NO. 2021-1500 - SECOND READING OF SPECIFIC PLAN AMENDMENT 19-0004 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 second reading of ordinance No. 2021-1500 (Specific Plan Amendment SP19-0004) to modify the boundaries of the San Marcos Creek Specific Plan Area. Attachments: SP19-0004_Carkel San Marcos- CC- SP ord SP19-0004_Carkel San Marcos- CC- SP ord Exhibit A Specific Plan 5. 21-1686 ORDINANCE NO. 2021-1501 - SECOND READING OF REZONE 19-00028922 FOR 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 second reading of ordinance No. 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). Attachments: SP19-0004_Carkel San Marcos- CC- R ord 6. 21-1687 ORDINANCE NO. 2021-1502 - SECOND READING OF ORDINANCE TO REZONE 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 second reading of 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: R19-0001 - CC Ord 7. 21-1688 ORDINANCE NO. 2021-1503 - SECOND READING OF 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: ADOPT second reading of 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) City of San Marcos Page 3 City Council Regular Agenda September 28, 2021 8. 21-1689 ORDINANCE NO. 2021-1504 - SECOND READING OF 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: ADOPT second reading of 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 9. 21-1676 RESOLUTION NO. 2021-8924 - EXPENDITURE OF FUNDS PURSUANT TO COMPENSATION AND REIMBURSEMENT POLICY, EVENT TICKET APPROVAL Recommendation: ADOPT a resolution approving expenditure of funds for attendance at public purpose events. Attachments: 2020-XXXX Event 10. TMP-1598 RESOLUTION NO. 2021-8925 - AWARDING A CONTRACT FOR PURCHASE, DELIVERY AND INSTALLATION OF PLAYGROUND EQUIPMENT AND RELATED SERVICES AT CITY PARKS AS NEEDED Recommendation: ADOPT a resolution awarding a contract to Pacific Play Systems, Inc., for the purchase, delivery and installation of playground equipment and related services at City parks as needed not to exceed $2,000,000. Attachments: ResoNo2021-XXXX_Playgrounds 11. TMP-1600 PROGRAM YEAR 2020/2021 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Recommendation: Note and File Attachments: PY 2020-2021 Draft Consolidated Annual Performance Evaluation Report_20210901 12. TMP-1604 RESOLUTION NO. 2021-8926 - CARRY-OVER OF FISCAL YEAR 2020-21 APPROPRIATIONS INTO FISCAL YEAR 2021-22 Recommendation: ADOPT a resolution approving the carry-over of appropriations from Fiscal Year 2020-21 to Fiscal Year 2021-22. Attachments: Attachment 1 - Resolution 2021-XXXX Approving Carryover of FY 2020-21 Budget Attachment 2 - Exhibit A Carryover Detail City of San Marcos Page 4 City Council Regular Agenda September 28, 2021 13. TMP-1602 RESOLUTION 2021-8927 - APPROVING AMENDMENT TO REIMBURSEMENT AGREEMENT RELATING TO DISCOVERY STREET ROAD IMPROVEMENTS Recommendation: APPROVE a resolution to amend the reimbursement agreement relating to Discovery Street road improvements, Contract 5940. Attachments: Council Resolution_2021.09.22 First Amendment Revised Draft-Clean_2021.09.21.docx ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. ORDINANCES 14. TMP-1606 ORDINANCE 2021-1505 - AN ORDINANCE OF THE CITY OF SAN MARCOS, CALIFORNIA, ADDING CHAPTER 5.75 (SIDEWALK VENDING) TO THE SAN MARCOS MUNICIPAL CODE, and RESOLUTION 2021-8928, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, ADOPTING SIDEWALK VENDING REGULATIONS AND SETTING PERMITTING FEES FOR SAME Recommendation: INTRODUCE Ordinance 2021 - 1505, an Ordinance adding Chapter 5.75 (Sidewalk Vending) to the San Marcos Municipal Code, and ADOPT Resolution 2021-8928, adopting Sidewalk Vending Regulations and Setting Permitting Fees for Same Attachments: Ordinance - Sidewalk Vending Resolution - Sidewalk Vending Standards & Permit Fees 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) 15. 21-1681 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 16. 21-1680 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 17. 21-1679 NORTH COUNTY TRANSIT DISTRICT REPORT (MAYOR PRO TEM JENKINS) Recommendation: Note and File. City of San Marcos Page 5 City Council Regular Agenda September 28, 2021 18. 21-1678 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER WALTON) Recommendation: Note and File 19. 21-1677 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 SEPTEMBER 24, 2021, 5:30 P.M. DATE: SEPTEMBER 24, 2021 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 6