City Council

Tuesday, September 26, 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 September 26, 2023 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. Proclaim Hispanic Heritage Month B. Fire Department Badge Pinning Ceremony CONSENT CALENDAR 1. 23-2215 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. 23-2216 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular City Council meeting on September 12, 2023. Attachments: 09-12-23R 3. 23-2217 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated September 2023. Attachments: WARRANTS City of San Marcos Page 2 City Council Regular Agenda September 26, 2023 4. TMP-1981 RESOLUTION NO. 2023-9210 - AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO COUNTY AND OTHER MUNICIPAL CO-PERMITTEES REGARDING THE SHARING OF COSTS AND EXPENSES RELATED TO OR ARISING FROM MATTERS BEFORE THE CALIFORNIA COMMISSION ON STATE MANDATES CONCERNING THE 2007 SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT Recommendation: ADOPT resolution authorizing the Acting City Manager and the City Attorney to execute a Memorandum of Understanding regarding the sharing of Costs and expenses related to or arising from matters before the California Commission on State Mandates concerning the 2007 San Diego Regional Water Quality Control Board Municipal Separate Storm Sewer System Permit. Attachments: Council Resolution - 2023 State Mandates MOU 08302023 Draft San Diego Mandates MOU 08282023 MOU - Stormwater Mandates Claim - Executed - 07282007 5. TMP-1983 RESOLUTIONS NO. 2023-9211, 2023-9212 & 2023-9213 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF DIAMOND STREET AND DRAINAGE EASEMENTS, ALL WITHIN THE BOUNDARY OF TENTATIVE PARCEL MAP 20-0001 FOR THE DIAMOND STREET INDUSTRIAL PROJECT Recommendation: ADOPT and APPROVE the following, in the order set forth below, as recommended by the Planning Commission: 1. ADOPT Categorical Exemption EX23-055 per CEQA Section 15305, Class V (Minor Alterations in Land Use Limitations); and 2. APPROVE Resolution 2023-9211 (VAC23-0014) ordering the summary vacation and abandonment of public right-of-way for a portion of Diamond Street; and 3. APPROVE Resolutions 2023-9212 (VAC23-0015) and 2023-9213 (VAC23-0016) ordering the summary vacation and abandonment of drainage easements granted by Final Map 12781 recorded on February 21, 1991. Attachments: Attachment 1 Aerial Easement Exhibit Attachment 2 Plat of Public Street Vacation for Portion of Diamond Street Attachment 3 Plat of Public Drainage Easement Vacations Attachment 4 Resolution VAC23-0014 Attachment 4 Resolution VAC23-0014 Exhibit A Attachment 5 Resolution VAC23-0015 Attachment 5 Resolution VAC23-0015 Exhibit A Attachment 6 Resolution VAC23-0016 Attachment 6 Resolution VAC23-0016 Exhibit A City of San Marcos Page 3 City Council Regular Agenda September 26, 2023 6. TMP-1987 PROGRAM YEAR 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Recommendation: NOTE and FILE. Attachments: PY 2022 CAPER DRAFT 7. TMP-1986 RESOLUTION NO. 2023-9214 - CARRY-OVER OF FISCAL YEAR 2022-23 APPROPRIATIONS INTO FISCAL YEAR 2023-24 Recommendation: ADOPT a resolution approving the carry-over of appropriations from Fiscal Year 2022-23 to Fiscal Year 2023-24. Attachments: Attachment 1 - Resolution 2023-9214 Exhibit A- Fiscal Year 2022-23 Budget Carryover Detail 8. TMP-1985 RESOLUTION NO. 2023-9215 - AWARDING A CONTRACT FOR EDIBLE FOOD RECOVERY PROGRAM MANAGEMENT AND RELATED SERVICES TO SOLANA CENTER FOR ENVIRONMENTAL JUSTICE, AND DELEGATING TO AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE SAME Recommendation: ADOPT a resolution awarding a five-year contract to Solana Center for Environmental Justice in an amount not to exceed $550,000, and delegating to and authorizing the City Manager to finalize and execute the same. Attachments: Resolution 9. TMP-1984 RESOLUTION NO. 2023-9216 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF FORMER DISCOVERY STREET WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISION MAP 19-0002 FOR THE NORTH CITY WEST PROJECT Recommendation: APPROVE resolution ordering the summary vacation and abandonment of public right-of-way for a portion of former Discovery Street within the boundary of Tentative Subdivision Map 19-0002 for the North City West project (VAC23-0017). Attachments: Attachment 1 Aerial Easement Exhibit Attachment 2 Resolution VAC23-0017 Attachment 2 Resolution VAC23-0017 Exhibit A & B 10. TMP-1980 RESOLUTION NO. 2023-9217 - AUTHORIZATION TO TAKE THE NECESSARY ACTIONS AND TO FORECLOSE ON DELINQUENT SPECIAL TAX LIENS Recommendation: ADOPT a resolution authorizing the City Manager and City Attorney to take the necessary actions and to foreclose on property owners that are delinquent in the payment of Community Facilities District (CFD) special taxes. Attachments: Reso - CFD - Ordering Foreclosure (2023) FINAL Exhibit A (for Reso - CFD - Ordering Foreclosure (2023) FINAL City of San Marcos Page 4 City Council Regular Agenda September 26, 2023 ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. NEW BUSINESS 11. TMP-1963 ORDINANCE NO. 2023-1535 - MODIFYING CHAPTER 5.54 (CANNABIS/MARIJUANA) OF THE SAN MARCOS MUNICIPAL CODE TO PERMIT MEDICINAL CANNABIS DELIVERY IN COMPLIANCE WITH SB 1186 Recommendation: INTRODUCE (First Reading) an ordinance to modify San Marcos Municipal Code Chapter 5.54 (Cannabis/Marijuana) to permit medicinal cannabis delivery in compliance with SB 1186. Attachments: Cannabis Ord - Medicinal Marijuana Delivery 08172023 Exhibit A to Cannabis Ordinance re Medicinal Marijuana Delivery 08172023 Screenshots 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) 12. 23-2198 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 13. 23-2210 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 14. 23-2211 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 15. 23-2212 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 16. 23-2218 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 17. 23-2213 CITY COUNCIL BUSINESS VISITS Recommendation: Note and File City of San Marcos Page 5 City Council Regular Agenda September 26, 2023 18. 23-2214 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER) 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 22, 2023, 5:30 P.M. DATE: SEPTEMBER 22, 2023 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 6