City Council

Tuesday, June 27, 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 June 27, 2023 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. INNOVATE78 AND SAN DIEGO NORTH ECONOMIC DEVELOPMENT CORPORATION PRESENTATION CONSENT CALENDAR 1. 23-2158 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. 23-2159 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular and special City Council meetings on June 13, 2023 and special meeting on June 16, 2023. Attachments: 06-13-2023S Closed Session 06-13-23R 06-16-2023S CM CA Evaluations 3. 23-2160 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated June 05, 2023. Attachments: Warrants City of San Marcos Page 2 City Council Regular Agenda June 27, 2023 4. TMP-1918 RESOLUTION NO. 2023-9151 - APPROVING THE PRELIMINARY ENGINEER’S REPORT FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR LANDSCAPING AND LIGHTING DISTRICT NO.1, AND RESOLUTION NO. 2023-9171 - DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR MAINTENANCE IN LANDSCAPING AND LIGHTING DISTRICT NO. 1, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON Recommendation: ADOPT resolutions approving the preliminary engineer's report and declaring the City of San Marcos' intention to levy and collect assessments in the District for the fiscal year 2023-2024 and establishing a subsequent public hearing on July 11, 2023 at the regular 6:00 p.m Council meeting Attachments: 2b. Resolution 2023- Approving Preliminary Engineer’s Report 2c.Resolution 2023- Intent to Provide Levy and Setting Time for Public Hearing Prelim Engineer's Report 23-24 5. TMP-1919 RESOLUTION NO. 2023-9159 - APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR VALLECITOS TOWN CENTER STREET MAINTENANCE DISTRICT; AND RESOLUTION NO. 2023-9172 - DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR STREET MAINTENANCE IN THE VALLECITOS TOWN CENTER STREET MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON Recommendation: ADOPT resolutions approving the preliminary engineer's report and declaring the City of San Marcos' intention to levy and collect assessments in the Vallecitos Town Center Street Maintenance District for fiscal year 2023-2024, and establishing a subsequent public hearing at a regular meeting of the San Marcos City Council on July 11, 2023, at 6:00 p.m. Attachments: 2b.Resolution 2023- 2c.Resolution 2023- Prelim Engineer's Report 23-24 6. TMP-1921 RESOLUTION NO. 2023-9160 - FISCAL YEAR 2023-24 APPROPRIATIONS LIMIT Recommendation: ADOPT resolution establishing the City of San Marcos' appropriations subject to limit for the fiscal year ending June 30, 2024 as presented. Attachments: 2023- City of San Marcos Page 3 City Council Regular Agenda June 27, 2023 7. TMP-1930 RESOLUTION NO. 2023 - 9161 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MARCOS AND THE SAN MARCOS CLASSIFIED MISCELLANEOUS EMPLOYEES’ ASSOCIATION Recommendation: ADOPT a resolution approving a Memorandum of Understanding (MOU) with the San Marcos Classified Miscellaneous Employees' Association for the period of July 1, 2023 through June 30, 2025 to replace the existing MOU that expires on June 30, 2023. Attachments: Resolution 2023 - XXXX - Memorandum of Understanding between the City of SM and Class Misc Assoc Class Misc MOU_Signed 07.01.2023 to 06.30.2025 8. TMP-1929 RESOLUTION NO. 2023-9162 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MARCOS AND THE SAN MARCOS SUPERVISORS’ ASSOCIATION Recommendation: ADOPT a Resolution approving a Memorandum of Understanding (MOU) with the San Marcos Supervisors' Association for the period of July 1, 2023 through June 30, 2025 to replace the existing MOU that expires on June 30, 2023. Attachments: Resolution 2023 - XXXX - Memorandum of Understanding between the City of SM and SM Sup Assoc Supervisors MOU_Signed 07.01.2023 to 06.30.2025 9. TMP-1926 RESOLUTION NO. 2023-9163 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MARCOS AND THE SAN MARCOS PROFESSIONAL FIREFIGHTERS’ ASSOCIATION Recommendation: ADOPT resolution approving the Memorandum of Understanding between the City of San Marcos and the San Marcos Professional Firefighters' Association, effective 7/1/23 - 6/30/25. Attachments: Resolution 2023 - XXXX - MOU between City of SM and SMPFFA FIRE MOU_Signed 07.01.2023 to 06.30.2025 10. TMP-1935 RESOLUTION 2023-9164 - UPDATED FULL TIME CLASSIFICATION AND COMPENSATION SCHEDULE Recommendation: ADOPT a resolution approving the updated Full Time Classification and Compensation Schedule, effective July 1, 2023. Attachments: Resolution 2023-XXXX Adopting updated full time comp schedule FT Class Comp Schedule07012023_Council Staff Report 11. TMP-1916 RESOLUTION NO. 2023-9165 - APPROVE PROJECTS FOR FISCAL YEAR 2023 - 2024 FUNDED BY SB - 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Recommendation: ADOPT a resolution approving projects for fiscal year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017. Attachments: RESOLUTION 2023-XXXX City of San Marcos Page 4 City Council Regular Agenda June 27, 2023 12. TMP-1928 RESOLUTION NO 2023-9166 - DECLARE THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR ANNEXATION AND SETTING OF ASSESSMENT RATES FOR DISCOVERY MEADOWS ANNEXATION TO LANDSCAPING AND LIGHTING DISTRICT NO. 1 ZONE C, DETERMINING THE EXISTENCE OF A MAJORITY PROTEST AND ABANDONING THE ANNEXATION PROCEEDINGS Recommendation: ADOPT resolution declaring the Results of the Assessment Ballot Tabulation for Annexation and Setting of Assessment Rates for Discovery Meadows Annexation to Landscaping and Lighting District No. 1 Zone C, Determining the Existence of a Majority Protest and Abandoning the Annexation Proceedings. Attachments: San Marcos_ Resolution Declaring Election Results to Annex to LLD No. 1-c1 13. TMP-1936 RESOLUTION NO. 2023-9167 - APPROVING CONSTRUCTION DOCUMENTS AND DELEGATING TO AND AUTHORIZING THE CITY MANAGER TO AWARD, FINALIZE, AND EXECUTE CONSTRUCTION CONTRACT DOCUMENTS FOR THE ANNUAL SURFACE SEAL PROJECT FISCAL YEAR 2022 (CIP# ST001) Recommendation: ADOPT a resolution to approve the construction documents, authorize the City Engineer to finalize the construction documents, authorize advertisement for bid, and delegate to and authorize the City Manager to award, finalize, and execute the construction contract documents for the Annual Surface Seal Fiscal Year 2022 (CIP# ST001). Attachments: Resolution 2023-XXXX.docx DRAFT__Project Plans.pdf DRAFT_Project Special Provisions.pdf 14. TMP-1920 RESOLUTION NO. 2023-9168 - APPROVING CONSTRUCTION DOCUMENTS AND DELEGATING TO AND AUTHORIZING THE CITY MANAGER TO AWARD, FINALIZE, AND EXECUTE CONSTRUCTION CONTRACT DOCUMENTS FOR THE CITYWIDE ADA INFRASTRUCTURE IMPROVEMENTS PROJECT AT NORTH TWIN OAKS VALLEY ROAD (CIP# ST009) Recommendation: ADOPT a resolution to approve the construction documents, authorize the City Engineer to finalize the construction documents, authorize advertisement for bid, and delegate to and authorize the City Manager to award, finalize, and execute the construction contract documents for the Citywide ADA Infrastructure Improvements Project at North Twin Oaks Valley Road (CIP# ST009). Attachments: Resolution_ST009.docx DRAFT_Project Plans.pdf DRAFT_Project Special Provisions.pdf City of San Marcos Page 5 City Council Regular Agenda June 27, 2023 15. 23-2168 RESOLUTION NO. 2023-9169 - AUTHORIZING AMENDMENTS TO THE CONSTRUCTION SUPPORT CONTRACT WITH 4LEAF, INC. (CIP #s 88263, 88264, 88265, 88505, 88507, 88529) TO EXTEND SERVICES TO COMPLETE CONSTRUCTION OF THE SAN MARCOS CREEK DISTRICT INFRASTRUCTURE PROJECT Recommendation: ADOPT a resolution authorizing amendments to the construction management contract with 4Leaf Inc. to extend the service period and provide additional budget to complete the construction phase of the San Marcos Creek District Infrastructure project. Attachments: RESO 2023-XXXX 16. 23-2169 RESOLUTION NO. 2023-9170 - GRANTING A LITIGATION STAY TO EXTEND THE VALIDITY OF PARCEL MAP TPM20-0001 Recommendation: APPROVE resolution granting a litigation stay to extend the validity of Parcel Map TPM20-0001. Attachments: Resolution re Grant of Litigation Stay (Diamond Street Industrial Parcel Map) 06202023.pdf ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. NEW BUSINESS 17. TMP-1934 APPOINTMENTS TO CITY BOARDS, COMMITTEES AND COMMISSIONS Recommendation: APPOINT individuals to positions on City Boards, Committees and Commissions. Attachments: Commission Applications and Statements_redacted Commission Vacancies List - June 2023 PUBLIC HEARINGS City of San Marcos Page 6 City Council Regular Agenda June 27, 2023 18. TMP-1917 GENERAL PLAN AMENDMENT GPA23-0001 AND ASSOCIATED ENTITLEMENTS COMPRISING THE FOLLOWING PROJECTS: ITEM A - REQUEST FOR APPROVAL OF MITIGATED NEGATIVE DECLARATION ND22-010, GENERAL PLAN AMENDMENT, REZONE, CONDITIONAL USE PERMIT, AND VARIANCE TO DEVELOP AN ARCO AM/PM CONVENIENCE STORE, AUTOMOTIVE FUELING STATION, CARWASH AND DRIVE-THROUGH RESTAURANT ON A 1.76 ACRE VACANT PARCEL ON THE SOUTHWEST CORNER OF NORTH LOS POSAS AND WEST MISSION ROADS; ITEM B - APPROVAL OF RESOLUTION 2023-9158 CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR22-002 (SCH NO. 2022040440), SPECIFIC PLAN, GENERAL PLAN AMENDMENT, REZONE, MULTI-FAMILY SITE DEVELOPMENT PLAN, AND TENTATIVE SUBDIVISION MAP FOR MERITAGE HOMES TO DEVELOP 120 RESIDENTIAL CONDOMINIUMS ON A 7.6 ACRE VACANT LOT LOCATED AT LAS POSAS ROAD AND PALM ROAD; AND ITEM C - APPROVAL OF GENERAL PLAN AMENDMENT GPA23-0001; GENERAL PLAN AMENDMENTS AS RECOMMENDED FOR APPROVAL BY PLANNING COMMISSION 7-0 City of San Marcos Page 7 City Council Regular Agenda June 27, 2023 Recommendation: ADOPT or APPROVE the following in the order set forth: 1. Item A: Arco AM/PM: a. ADOPT Mitigated Negative Declaration (ND22-010) b. APPROVE Resolution No. 2023-9152 (General Plan Amendment GPA21-0001) to change the General Plan land use designation of the 1.76 acre project site from Mixed Use 3 (MU3) to Commercial; c. APPROVE Ordinance No. 2023-1532 (Rezone 21-0001) to change the Zoning designation of the 1.76 acre project site from Mixed Use 3 (MU-3) to Commercial (C); d. APPROVE Resolution No. 2023-9153 (Conditional Use Permit CUP21-0001) to develop an 18-pump automotive fueling station, 3,800 square foot convenience store, 3,000 square foot carwash, and a 1,200 square foot drive-through restaurant in the Commercial (C) zone; and e. APPROVE Resolution No. 2023-9154 (Variance V22-0001) reducing the required separation for automotive fueling stations in the Commercial (C) zone. 2. Item B: Meritage Homes- Gran Vista: f. APPROVE Resolution No. 2023-9158 to certify Final Environmental Impact Report (FEIR22-002) (SCH No. 2022040440) and adopt Findings and Overriding Considerations for Significant and Unavoidable Impacts related to Transportation; g. APPROVE Ordinance No. 2023-1533 (Specific Plan SP21-0003) to adopt the Gran Vista Specific Plan to establish development guidelines and serve as the primary land use, policy, and regulatory document for the project; h. APPROVE Resolution No. 2023-9155 (General Plan Amendment GPA21-0007) for a land use change of 7.6 acres from "Commercial" to "Specific Plan Area"; i. APPROVE Ordinance No. 2023-1534 (Rezone R21-0003) for a zone reclassification of 7.6 acres from Commercial (C) to Specific Plan Area (SPA); j. APPROVE Resolution No. 2023-9156 (Multi-Family Site Development Plan MFSDP21-0001) for design review of a residential condominium complex, including site plan, grading, landscaping, floor plans, and architectural elevations; k. APPROVE Resolution No. 2023-9157 (Tentative Subdivision Map TSM21-0003) for a 120-unit condominium map. 3. item C: General Plan Amendment l. APPROVE Resolution No.2023-9150 (General Plan Amendment GPA23-0001) City of San Marcos Page 8 City Council Regular Agenda June 27, 2023 Attachments: Item A- GPA21-0001_Arco AM/PM- CC- GPA reso Item A- GPA21-0001_Arco AM/PM- CC- R Ord Item A- GPA21-0001_Arco AM/PM- CC- CUP reso Item A- GPA21-0001_Arco AM/PM- CC- V reso Item A- GPA21-0001_Staff Report_Attach A-1 vicinity map Item A- GPA21-0001_Staff Report_Attach A-2 requested entitlements Item A- GPA21-0001_Staff Report_Attach A-3 site and project characteristics Item A- GPA21-0001_Staff Report_Attach A-4 mitigated negative declaration Item A- GPA21-0001_Staff Report_Attach A-5 fiscal and economic impact analysis Item A- GPA21-0001_Staff Report_Attach A-6 general plan impact (land use) analysis Item A- GPA21-0001_Staff Report_Attach A-7 variance justification Item A- GPA21-0001_Staff Report_Attach A-8 public comments Item A- GPA21-0001_Staff Report_Attach A-9 planning commission minutes Item A- GPA21-0001_Staff Report_Attach A-10 project plans Item B- SP21-0003_Meritage Homes- CC- EIR reso Item B- SP21-0003_Meritage Homes- CC- SP reso Item B- SP21-0003_Meritage Homes- CC- SP reso Exhibit A Specific Plan Item B- SP21-0003_Meritage Homes- CC- GPA reso Item B- SP21-0003_Meritage Homes- CC- R reso Item B- SP21-0003_Meritage Homes- CC- MFSDP reso Item B- SP21-0003_Meritage Homes- CC- TSM reso Item B- SP21-0003_Staff Report_Attach B-1 to B-3 Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx A- NOP Comments Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx B- Air Quality and GHG Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx C- Biology Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx D- Cultural Resources Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx E- Geotechnical Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx F- Phase 1 ESA Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx G- Drainage Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx H- SWQMP Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx I- Noise Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx J- Fire Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx K-1- VMT Analysis Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx K-2- Local Transportation Analysis Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx L- Water Sewer Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx M- Specific Plan Item B- SP21-0003_Staff Report_Attach B-4- EIR Appx N- Response to Comments Item B- SP21-0003_Staff Report_Attach B-4- EIR City of San Marcos Page 9 City Council Regular Agenda June 27, 2023 Item B- SP21-0003_Staff Report_Attach B-5- public comments Item B- SP21-0003_Staff Report_Attach B-6- architecture Item B- SP21-0003_Staff Report_Attach B-6- landscape plans Item B- SP21-0003_Staff Report_Attach B-6- site and grading plans Item B- SP21-0003_Staff Report_Attach B-6- tentative subdivision map Item B- SP21-0003_Staff Report_Attach B-7- GPA analysis Item B- SP21-0003_Staff Report_Attach B-8- Fiscal and Economic Analysis Item B- SP21-0003_Staff Report_Attach B-9- PC minutes GPA23-0001 - Batch Reso 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) 19. 23-2167 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 20. 23-2166 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 21. 23-2165 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 22. 23-2164 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 23. 23-2163 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 24. 23-2162 CITY COUNCIL BUSINESS VISITS Recommendation: Note and File 25. 23-2161 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER GRIFFIN) Recommendation: Note and File COUNCIL COMMENTARY City of San Marcos Page 10 City Council Regular Agenda June 27, 2023 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 JUNE 22, 2023 AT 8:30 P.M. DATE: JUNE 22, 2023 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 11