City Council

Tuesday, October 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 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 October 12, 2021 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - PASTOR JOSHUA HERRERA, LIGHTHOUSE CHURCH NORTH COUNTY ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. Red Ribbon Week Proclamation B. Proclaim Imagine a Day Without Water 2021 in San Marcos CONSENT CALENDAR 1. 21-1698 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. 21-1697 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular city council meeting on September 28, 2021. Attachments: 09-28-2021R 3. 21-1696 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated 10/06/2021. Attachments: warrants 4. 21-1699 ORDINANCE 2021-1505 - SECOND READING OF 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: ADOPT second reading of 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 Publick Comments-4-Sidewalk Vendor City of San Marcos Page 2 City Council Regular Agenda October 12, 2021 5. TMP-1586 LEGISLATIVE REPORT Recommendation: NOTE AND FILE updates to legislation with an official City position. Attachments: Attachment A - Staff Legislative Update Attachment 6. TMP-1611 RESOLUTION NO. 2021-8928 - APPROVING THE ADDITION OF NEW STAFF POSITIONS TO THE CITY’S WORKFORCE, ESTABLISHING THE NEW POSITION OF EMERGENCY MANAGER AND AMENDING THE FISCAL YEAR 2021-22 BUDGET ACCORDINGLY Recommendation: ADOPT a resolution approving the addition of new staff positions to the City's workforce, establishing the new position of Emergency Manager and amending the Fiscal Year 2021-22 budget accordingly. Attachments: staffing Resolution 7. TMP-1610 RESOLUTION NOS. 2021-8929, 2021-8930 & 2021-8931 - ANNEXATION NO. 141 TO COMMUNITY FACILITIES DISTRICT NO. 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE, AND PRESERVE MAINTENANCE) DESIGNATION OF IMPROVEMENT AREA F-57 AND AUTHORIZATION OF THE FUTURE ANNEXATION AREA OF F-57 Recommendation: 1. ADOPT a resolution approving the boundary of the territory to be annexed into Community Facilities District 98-02 for Lighting, Landscaping, Open Space, and Preserve Maintenance (CFD 98-02) Improvement Area F-57 (IA F-57). 2. ADOPT a resolution declaring the intention to annex such territories into CFD 98-02 IA F-57 and setting the public hearing date. 3. ADOPT a resolution approving the boundary of future territory to be annexed into CFD 98-02 IA F-57. Attachments: Attachment A - Vicinity Map.pdf Attachment B - CFD 98-02 IA F-57 Draft RMA.pdf Attachment C - Reso-BoundaryMap_Clean.docx Attachment C-1 - BoundaryMap.pdf Attachment D - Reso-Intent_Clean.docx Attachment E - Reso-FutureBoundaryMap_Clean.docx Attachment E-1 - FutureBoundaryMap.pdf ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. ORDINANCES City of San Marcos Page 3 City Council Regular Agenda October 12, 2021 8. TMP-1603 ORDINANCE 2021-1506, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, MODIFYING CHAPTER 8.68 (GARBAGE AND REFUSE COLLECTION) OF THE SAN MARCOS MUNICIPAL CODE TO INCORPORATE ORGANIC WASTE DISPOSAL REDUCTION REQUIREMENTS IN COMPLIANCE WITH SB 1383, AND RESOLUTION 2021-8932, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA APPROVING THE AMENDED AND RESTATED EXCLUSIVE FRANCHISE AGREEMENT FOR SOLID WASTE AND RECYCLABLE AND DISCARDED MATERIALS MANAGEMENT WITH EDCO WASTE AND RECYCLING SERVICES, INC. Recommendation: INTRODUCE Ordinance 2021-1506, to modify San Marcos Municipal Code Chapter 8.68 to incorporate organic waste disposal reduction requirements in compliance with SB 1383, and ADOPT Resolution 2021-8932, a resolution approving the award of an amended and restated exclusive franchise agreement for solid waste and recyclable services and discarded materials management between the City of San Marcos and EDCO Waste & Recycling Services, Inc. ("EDCO"). Attachments: Attachment A - ORDINANCE 8.68 final Attachment B - Reso for Amnded & Restated EDCO Franchise Agmt Attachment C - Amended and Restated Franchise Agreement with EDCO Attachment D - Current EDCO Franchise Agreement 9. TMP-1605 ORDINANCE 2021-1507 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING TITLE 5 OF THE SAN MARCOS MUNICIPAL CODE TO ADD CHAPTER 5.75 (DISTRIBUTION, SALE, AND USE OF SINGLE USE PLASTIC FOOD SERVICE WARE AND OTHER PLASTICS PRODUCTS AS SPECIFIED) Recommendation: INTRODUCE Ordinance 2021-1507 to modify San Marcos Municipal Code Title 5 to add Chapter 5.75 to regulate and govern the distribution, sale, and use of single use plastic food service ware and other plastic products as specified. Attachments: Attachment A - Single Use Plastics Ordinance Public Comments-9-Single Use Plastics Public Comments-9-Single Use Plastics-PM NEW BUSINESS City of San Marcos Page 4 City Council Regular Agenda October 12, 2021 10. TMP-1612 RESOLUTION NO. 2021-8933 - THE CITY COUNCIL OF THE CITY OF SAN MARCOS STANDS WITH OUR RESIDENTS, BUSINESSES AND VISITORS TO OBJECT TO ANY NEW TAXES, CHARGES OR FEES IMPOSED BY SANDAG ON MOTORISTS TO USE OUR LOCAL ROADWAYS Recommendation: City Council discussion and direction. Attachments: jones resolution 101221 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) 11. 21-1695 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 12. 21-1694 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 13. 21-1693 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 14. 21-1692 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER WALTON) Recommendation: Note and File 15. 21-1691 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER GRIFFIN) Recommendation: Note and File COUNCIL COMMENTARY ADJOURNMENT City of San Marcos Page 5 City Council Regular Agenda October 12, 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 OCTOBER 8, 2021, 5:30 P.M. DATE: OCTOBER 8, 2021 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 6