City Council

Tuesday, February 28, 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 February 28, 2023 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - STEVEN BLACK, WOODLAND PARK BIBLE CHURCH ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. FAYE ROTE RECOGNITION / RETIREMENT-SENIOR VOLUNTEER PATROL CONSENT CALENDAR 1. 23-2066 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. 23-2065 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular City Council meeting on January 24, 2023 and February 14, 2023 Attachments: 01-24-23R-Revised 02-14-23R 3. 23-2064 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated February 2023. Attachments: WARRANTS 4. 23-2074 ORDINANCE NO. 2023-1529 - SECOND READING OF ORDINANCE ADDING CHAPTER 17.10 AND AMENDING CHAPTERS 20.340,20.340.060, 20.500 AND 20.600 OF THE SAN MARCOS MUNICIPAL CODE IMPLEMENTING THE REQUIREMENTS OF AB 1236 TO STREAMLINE PROCESSING OF PERMIT APPLICATIONS FOR ELECTRICAL VEHICLE CHARGING STATIONS, AND ASSOCIATED NOTICE OF EXEMPTION FROM CEQA REQUIREMENTS Recommendation: ADOPT second reading of Ordinance approving updates to the San Marcos Municipal Code to implement AB 1236 requirements codified as Government Code Section 65850.7. Attachments: 2023-1529 2023-1529 Attachment A 2023-1529 Attachment B City of San Marcos Page 2 City Council Regular Agenda February 28, 2023 5. TMP-1848 RESOLUTION NO. 2023-9113 - AUTHORIZING AN INTERFUND LOAN IN AN AMOUNT NOT TO EXCEED $6,300,000 FOR REVENUE-PRODUCING CAPITAL OBLIGATIONS, APPROVING THE INTERFUND LOAN FINANCING STRUCTURE Recommendation: ADOPT a resolution authorizing an interfund loan in an amount not to exceed $6,300,000 for revenue-producing capital obligations, approving the interfund loan financing structure, and authorizing the City Manager to execute all related agreements, amendments, and documents. Attachments: Interfund transfer Reso_Final 6. TMP-1843 RESOLUTION NO. 2023-9114 - INITIATING PROCEEDINGS FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING AND LIGHTING DISTRICT NO. 1 ZONE C; AND DIRECTING THE PREPARATION AND FILING OF AN ENGINEER'S REPORT RELATED THERETO, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Recommendation: ADOPT resolution initiating proceedings for the annexation of property to Landscaping and Lighting District No. 1 Zone C; and directing the preparation and filing of an engineer's report related thereto, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. Attachments: Resolution Initiating Annexation Proceedings to LLMD No. 1 Zone C ORAL COMMUNICATIONS PUBLIC HEARINGS City of San Marcos Page 3 City Council Regular Agenda February 28, 2023 7. 23-2063 ORDINANCE 2023 - 1530 & RESOLUTION 2023-9115 - WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE UPDATE OF CHAPTER 20.465, CITY COUNCIL POLICY ON SMALL WIRELESS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY, AND ASSOCIATED NOTICE OF EXEMPTION FROM CEQA REQUIREMENTS AS RECOMMENDED BY THE PLANNING COMMISSION BY A 7 - 0 VOTE (CASE NUMBER: TEXT AMENDMENT (TA) 19-0002) Recommendation: APPROVE Notice of Exemption EX22-043; and INTRODUCE for first reading Ordinance No. 2023-1530 approving a text amendment to San Marcos Municipal Code (SMMC) Chapter 20.465 Implementing requirements of the Federal Communications Commission "Small Cell Order" (FCC 18-133); and APPROVE resolution to implement a City Council Policy on Small Wireless Facilities within the Public Rights-of-Way. Attachments: Ordinance No. 2023-#### Resolution No. 23-#### Resolution No. 23-#### - Exhibit A Attachment A - Clean Version of Wireless Telecommunications Facilities Ordinance Attachment B - Strike-out/Underline Version Wireless Telecommunications Facilities Ordinance Attachment C - City Council Policy on Small Wireless Facilities within the Public Rights-of-Way Attachment D - T-Mobile Comments on Proposed Policy Attachment E - Crown Castle Comments on Proposed Ordinance Update and Policy Attachment F - Verizon Wireless Comments to Planning Commission on Proposed Ordinance Update and Polic Attachment G - Verizon Wireless Comments to City Council on Proposed Ordinance Update and Policy dated F Attachment H - Planning Commission Meeting Minutes from January 17, 2023 Attachment I - Notice of Exemption City of San Marcos Page 4 City Council Regular Agenda February 28, 2023 8. TMP-1859 MITIGATED NEGATIVE DECLARATION (ND22-008), RESOLUTION NO. 2023-9116 (GENERAL PLAN AMENDMENT GPA21-0008), ORDINANCE NO. 2023-1531 (REZONE 21-0004), AND RESOLUTION NO. 2023-9117 (MULTI-FAMILY SITE DEVELOPMENT PLAN MFSDP21-0002) SANTA FE FLORES LP REQUEST FOR APPROVAL OF ENTITLEMENTS TO DEVELOP A 50-UNIT APARTMENT BUILDING ON THE NORTHWEST CORNER OF SANTA FE AVENUE AND LAS FLORES DRIVE Recommendation: ADOPT or APPROVE the following in the order set forth below: 1. ADOPT Mitigated Negative Declaration (ND22-008); 2. APPROVE Resolution No. 2023-9116 (General Plan Amendment GPA21-0008) for a land use change of 1.47 acres of "Light Industrial" and 0.80 acres of "Commercial" to "Medium Density Residential 2"; 3. APPROVE Ordinance No. 2023-1531 (Rezone R21-0004) for a zone reclassification of 1.47 acres of Light Industrial (L-I) Zone and 0.80 acres of Commercial (C) Zone to Multi-Family Residential (R-3-10) Zone; 4. APPROVE Resolution No. 2023-9117 (Multi-Family Site Development Plan MFSDP21-0002) to allow for the construction of a 50-unit apartment development, utilizing the State of California's Density Bonus provisions, in the Multi-Family Residential (R-3-10) Zone. Attachments: GPA21-0008_Santa Fe Flores- CC- GPA reso GPA21-0008_Santa Fe Flores- CC- R reso GPA21-0008_Santa Fe Flores- CC- MFSDP reso GPA21-0008_Staff Report_Attach A-C GPA21-0008_Staff Report_Attach D- MND Appx A-Air Quality GPA21-0008_Staff Report_Attach D- MND Appx B-Biological Resources GPA21-0008_Staff Report_Attach D- MND Appx C-Cultural Resources GPA21-0008_Staff Report_Attach D- MND Appx D-Geotechnical GPA21-0008_Staff Report_Attach D- MND Appx E-Greenhouse Gas GPA21-0008_Staff Report_Attach D- MND Appx F-SWQMP GPA21-0008_Staff Report_Attach D- MND Appx G-Hydrology GPA21-0008_Staff Report_Attach D- MND Appx H-Water Supply GPA21-0008_Staff Report_Attach D- MND Appx I-Noise GPA21-0008_Staff Report_Attach D- MND Appx J-Local Transportation GPA21-0008_Staff Report_Attach D- MND Appx K-Vehicle Miles Traveled GPA21-0008_Staff Report_Attach D- MND GPA21-0008_Staff Report_Attach E- public comments GPA21-0008_Staff Report_Attach F- grading plans GPA21-0008_Staff Report_Attach F- landscape plans GPA21-0008_Staff Report_Attach F- site plan architecture GPA21-0008_Staff Report_Attach G- GPA analysis GPA21-0008_Staff Report_Attach H- Fiscal and Economic Analysis GPA21-0008_Staff Report_Attach I- PC minutes City of San Marcos Page 5 City Council Regular Agenda February 28, 2023 ORAL COMMUNICATIONS - CONTINUED REPORTS (INCLUDING AB 1234 REPORTING REQUIREMENTS) 9. 23-2073 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 10. 23-2072 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 11. 23-2071 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 12. 23-2070 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 13. 23-2069 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 14. 23-2068 CITY COUNCIL BUSINESS VISITS Recommendation: Note and File 15. 23-2067 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER GRIFFIN) Recommendation: Note and File COUNCIL COMMENTARY CLOSED SESSION 16. 23-2076 CONFERENCE WITH REAL PROPERTY NEGOTIATORS CITY MANAGER, CITY ATTORNEY, AND SPECIAL COUNSEL [GC 54956.8]. Confer with real property negotiators regarding price and terms for real property owned by J. Elizabeth Santos, a single woman and Gloria P. Santos, Trustee or the Successor Trustee(s) under the GHS Living Trust dated February 22, 2000, as joint tenants, represented in negotiations by Bradford Kuhn of Nossaman LLP, said real property being identified as Assessor’s Parcel Number 221-110-18-00, addressed as 140 E. Barham Drive, San Marcos, CA. City of San Marcos Page 6 City Council Regular Agenda February 28, 2023 17. 23-2075 CONFERENCE WITH REAL PROPERTY NEGOTIATORS CITY MANAGER, CITY ATTORNEY, AND SPECIAL COUNSEL [GC 54956.8]. Confer with real property negotiators regarding price and terms for real property owned by Jesus E. Santos and Juana E. Santos, represented in negotiations by Bradford Kuhn of Nossaman LLP, said real property being identified as Assessor’s Parcel Number 221-110-17-00, addressed as 134 Myrtle Avenue, San Marcos, CA. 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 FEBRUARY 24, 2023, 5:30 P.M. DATE: FEBRUARY 24, 2023 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 7