City Council

Tuesday, January 24, 2023 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 Cell Phones: As a courtesy to others, please silence your cell phone or pager during the meeting and engage in conversations outside the Council Chambers. 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. 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. 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. Agenda related writings or documents provided to a majority of the City Council after distribution of the agenda packet will be available for public inspection at the time of distribution in the City Clerk Department located on the second floor of City Hall, 1 Civic Center Drive, San Marcos, CA during normal business hours. The same materials are also posted online at www.san-marcos.net as time permits. City of San Marcos Page 1 City Council Regular Agenda January 24, 2023 CALL TO ORDER PLEDGE OF ALLEGIANCE - TROOP 700 INVOCATION ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. EAGLE SCOUT AWARD - ALLISON PRIMOSCH TROOP 700 B. SAN MARCOS 60TH BIRTHDAY PROCLAMATION C. HUMAN TRAFFICKING PREVENTION MONTH CONSENT CALENDAR 1. 23-2020 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. 23-2019 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular City Council meeting on December 13, 2022. Attachments: 01-10-23R 3. 23-2018 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated January 09, 2023 and January 19, 2023. Attachments: Warrants Warrants2 4. 23-2029 RESOLUTION NO. 2023-9101 - APPROVING THE 2023 LEGISLATIVE PLATFORM Recommendation: ADOPT a resolution approving the 2023 San Marcos Legislative Platform to guide the City's legislative program and advocacy activities. Attachments: Attachment A - 2023 Legislative Platform Attachment B - Resolution Adopting 2023 Legislative Platform City of San Marcos Page 2 City Council Regular Agenda January 24, 2023 5. TMP-1842 RESOLUTION NO. FD 2023-364 - ANNEXATION NO. 86 TO THE SAN MARCOS FIRE PROTECTION DISTRICT NO. 2001-01 Recommendation: Adopt resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 2001-01. Attachments: Resolution Certifying and Adding Property CFD 2001-01 #86 Attachment 2 - Exhibit A – Certificate of Election Official Attachment 3 - Exhibit B - Boundary Map Attachment 4 - Aerial Maps Rate and Method of Apportionment of Special Tax for CFD No. 2001-01 6. TMP-1841 RESOLUTION NO. 2023-9102 - ANNEXATION NO. 81 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-01 IMPROVEMENT AREA NO. 1 (POLICE ONLY) Recommendation: Adopt resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 98-01 Improvement Area No. 1 (Police Only). Attachments: Resolution Certifying and Adding Property CFD 98-01 IA 1 #81 Attachment 2 - Exhibit A – Certificate of Election Official Attachment 3 - Exhibit B - Boundary Map Attachment 4 - Aerial Maps Rate and Method of Apportionment of Special Tax for CFD No. 98-01 No. 1 7. TMP-1840 RESOLUTION NO. 2023-9103 - ANNEXATION NO. 26 TO CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 2011-01 (CONGESTION MANAGEMENT) Recommendation: Adopt resolution certifying the results of the election(s) and annexing the properties listed below to Community Facilities District No. 2011-01 (Congestion Management). Attachments: Resolution Certifying and Adding Property CFD 2011-01 #26 Attachment 2 - Exhibit A - Certificate of Election Official Attachment 3 - Exhibit B - Boundary Map Attachment 4 - Aerial Maps Rate and Method of Apportionment of Special Tax for CFD No. 2011-01 City of San Marcos Page 3 City Council Regular Agenda January 24, 2023 8. TMP-1839 RESOLUTION NO. 2023-9104 - ANNEXATION NO. 147 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) Recommendation: Adopt resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance). Attachments: Resolution Certifying and Adding Property CFD 98-02 #147 Attachment 2 - Exhibit A – Certificate of Election Official Attachment 3 - Exhibit B - Boundary Map Attachment 4 - Aerial Maps Rate and Method of Apportionment of Special Tax for CFD No. 98-02 ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. PUBLIC HEARINGS City of San Marcos Page 4 City Council Regular Agenda January 24, 2023 9. TMP-1836 ORDINANCE 2023-1528 & RESOLUTION NO. 2023-9105 - MONTIEL COMMERCIAL: MITIGATED NEGATIVE DECLARATION ND21-005; SPECIFIC PLAN SP19-0001 AND SITE DEVELOPMENT PLAN SDP19-0003 Recommendation: Recommend City Council ADOPT or APPROVE the following, in the order set forth below: 1. ADOPT Mitigated Negative Declaration (ND21-005); 2. First Reading to INTRODUCE Ordinance 2023-1528 (Specific Plan SP19-0001) for "Montiel Road Commercial Office Building" Specific Plan to allow for the site's development; 3. APPROVE Resolution 2023-9105 (Site Development Plan SDP19-0003) to allow the construction of a two-story office/commercial building of 32,969 square feet at the project site. Attachments: SP19-0001 CC Ordinance 2023- SP19-0001 Exhibit A Specific Plan SP19-0001 SDP Resolution 2023- SP19-0001 Attachments A-C SP19-0001 Attachment D Mitigated Neg Dec SP19-0001 Attachment D MND-Appendix A-Air Quality Analysis SP19-0001 Attachment D MND-Appendix B-Cultural Resources Survey SP19-0001 Attachment D MND-Appendix C-Historic Bldgs Evaluation SP19-0001 Attachment D MND-Appendix D-GeoTech Report SP19-0001 Attachment D MND-Appendix E-CAP Checklist SP19-0001 Attachment D MND-Appendix F-Phase 1 ESA Report SP19-0001 Attachment D MND-Appendix G-Hydrology Report SP19-0001 Attachment D MND-Appendix H-SWQMP SP19-0001 Attachment D MND-Appendix I-Noise Analysis SP19-0001 Attachment D MND-Appendix J-Traffic Impact Analysis SP19-0001 Attachment D MND-Appendix K-Project Plans SP19-0001 Attachment D MND-Appendix L-Specific Plan SP19-0001 Attachment E Project Plans SP19-0001 Attachment G Planning Commission Meeting Minutes 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) 10. 23-2027 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File City of San Marcos Page 5 City Council Regular Agenda January 24, 2023 11. 23-2026 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 12. 23-2025 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 13. 23-2024 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 14. 23-2023 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 15. 23-2022 CITY COUNCIL BUSINESS VISITS Recommendation: Note and File 16. 23-2021 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER GRIFFIN) Recommendation: Note and File COUNCIL COMMENTARY CLOSED SESSION 17. 23-2047 CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6). Conference with the City Manager, Human Resources/Risk Director, and the City’s designated negotiators, regarding labor negotiations with the San Marcos Classified Miscellaneous Employees Association, San Marcos Supervisors Association, and San Marcos Professional Firefighters Association. 18. 23-2048 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION [GC 54956.9(d)(4)]. One or more potential actions against AToM Engineering Construction, Inc., and/or its surety, The Ohio Casualty Insurance Company, concerning Contract No., 6619 dated November 18, 2021 between the City of San Marcos and AToM Engineering Construction, Inc. for the construction of the Fire Station No. 3 Apparatus Storage Building, CIP No. FC006, and related Performance Bond No. 024256607 issued by The Ohio Casualty Insurance Company, and potential interested parties. ADJOURNMENT City of San Marcos Page 6 City Council Regular Agenda January 24, 2023 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 19, 2023, 5:30 P.M. DATE: JANUARY 19, 2023 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 7