City Council

Tuesday, October 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 October 24, 2023 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - ROLL CALL CONSENT CALENDAR 1. 23-2233 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. 23-2234 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular City Council meeting on October 10, 2023. Attachments: 10-10-23R 3. 23-2235 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated October 16, 2023. Attachments: WARRANTS 4. TMP-1997 RESOLUTION NO. 2023-9231- ANNEXATION NO. 85 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 elections and annexing properties to Community Facilities District No. 98-01 IA No. 1 (Police Only). Attachments: Resolution Certifying and Adding Property CFD 98-01 IA 1 #85 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 IA No. 1 5. TMP-1998 RESOLUTION NO. FD 2023-9232 - ANNEXATION NO. 90 TO THE SAN MARCOS FIRE PROTECTION DISTRICT COMMUNITY FACILITY DISTRICT NO. 2001-01 Recommendation: ADOPT resolution certifying the results of elections and annexing properties to Community Facilities District No. 2001-01 (Fire). City of San Marcos Page 2 City Council Regular Agenda October 24, 2023 Attachments: Resolution Certifying and Adding Property CFD 2001-01 #90 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-1999 RESOLUTION NO. 2023-9233 - ANNEXATION NO. 29 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 2011-01 (CONGESTION MANAGEMENT) Recommendation: ADOPT resolution certifying the results of election(s) and annexing properties to Community Facilities District No. 2011-01 (Congestion Management). Attachments: Resolution Certifying and Adding Property CFD 2011-01 #29 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 7. TMP-2000 RESOLUTION NO. 2023-9234 - ANNEXATION NO. 151 TO CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) Recommendation: ADOPT resolution certifying the results of elections and annexing the affected properties to Community Facilities District No. 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance). Attachments: Resolution Certifying and Adding Property CFD 98-02 #151 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 8. 23-2232 LEGISLATIVE UPDATE Recommendation: NOTE and FILE update on pending legislation from the California State Legislature and the Governor. Attachments: SAN MARCOS CITY COUNCIL Position & status-10-24-2023 9. 23-2219 RESOLUTION NO. 2023-9215 - AWARDING A CONTRACT FOR EDIBLE FOOD RECOVERY PROGRAM MANAGEMENT AND RELATED SERVICES TO SOLANA CENTER FOR ENVIRONMENTAL INNOVATION, 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 Innovation in an amount not to exceed $550,000 over five years and delegating to and authorizing the City Manager to finalize and execute the same. City of San Marcos Page 3 City Council Regular Agenda October 24, 2023 Attachments: Resolution 10. TMP-1990 RESOLUTION NO. 2023-9235 - ACCEPTING SB 1383 LOCAL ASSISTANCE GRANT FUNDS AND DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE GRANT AGREEMENTS AND RELATED DOCUMENTS Recommendation: ADOPT a resolution delegating authority to the City Manager to execute the SB 1383 Local Assistance Grant agreements and all related documents to receive funding. Attachments: Reso_Grant Funds & Authorizing City Manager to Execute Docs_102423 11. 23-2242 RESOLUTION NO. 2023-9236 - EXPENDITURE OF FUNDS PURSUANT TO COMPENSATION AND REIMBURSEMENT POLICY, EVENT TICKET APPROVAL Recommendation: ADOPT a resolution approving expenditure of funds for attendance at a public purpose event. Attachments: Form 802 Ticket Resolution ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. PUBLIC HEARING 12. TMP-1988 GENERAL PLAN AMENDMENT GPA23-0004 AND ASSOCIATED ENTITLEMENTS COMPRISING THE FOLLOWING PROJECTS: ITEM A (PICO PLACE) - APPROVAL OF MITIGATED NEGATIVE DECLARATION (ND23-013), GENERAL PLAN AMENDMENT (GPA22-0005), REZONE (R22-0004), TENTATIVE SUBDIVISION MAP (TSM22-0005), AND MULTIFAMILY SITE DEVELOPMENT PLAN (MFS22-0006) FOR PICO INVESTMENTS 7, LLC. TO DEVELOP A 16-UNIT RESIDENTIAL CONDOMINIUM PROJECT ON A TWO PARCEL SITE AT 236 AND 244 PICO AVENUE, NORTH OF SAN MARCOS BOULEVARD. AND SOUTH OF MISSION ROAD; ITEM B (MARCOS SPECIFIC PLAN) - APPROVAL OF MITIGATED NEGATIVE DECLARATION (ND23-012), SPECIFIC PLAN (SP22-0003), GENERAL PLAN AMENDMENT (GPA22-0001), REZONE (R22-0001), MULTIFAMILY SITE DEVELOPMENT PLAN (MFSDP22-0002), TENTATIVE SUBDIVISION MAP (TSM22-0002), CONDITIONAL USE PERMIT (CUP22-0002), TENTATIVE PARCEL MAP (TPM22-0001), AND SITE DEVELOPMENT PLAN (SDP22-0003) FOR LAB HOLDING, LLC. FOR A COMMERCIAL AND RESIDENTIAL DEVELOPMENT CONSISTING OF 56,924 SQUARE FEET OF COMMERCIAL SPACE, SEVEN LIVE-WORK UNITS, AND 102 MULTI-FAMILY CONDOMINIUMS, WEST OF THE INTERSECTION OF City of San Marcos Page 4 City Council Regular Agenda October 24, 2023 GRAND AVENUE AND LINDA VISTA DRIVE; ITEM C - APPROVAL OF GENERAL PLAN AMENDMENT GPA23-0004; GENERAL PLAN AMENDMENTS AS RECOMMENDED FOR APPROVAL BY PLANNING COMMISSION 7-0 Recommendation: ADOPT or APPROVE the following in the order set forth: 1. Item A: Pico Place: a. ADOPT Mitigated Negative Declaration (ND23-013) b. APPROVE Resolution No. 2023-9218 (General Plan Amendment GPA22-0005) to change the General Plan land use designation of a 0.33-acre portion of the project site from Commercial to Medium High Density Residential (MHDR) 20.1-30.0 du/ac; c. APPROVE Ordinance No. 2023-1536 (Rezone R22-0004) to change the Zoning designation of a 0.33-acre portion of the project site from Commercial (C) to Multifamily Residential (R-3-6); d. APPROVE Resolution No. 2023-9219 (Tentative Subdivision Map TSM22-0005) to consolidate two parcels and create up to 16 residential condominiums; and e. APPROVE Resolution No. 2023-9220 (Multifamily Site Development Plan MFS22-0006) to provide for the orderly development of a 16-unit residential development. 2. Item B: Marcos Specific Plan: a. ADOPT Mitigated Negative Declaration (ND23-012) b. APPROVE Ordinance No. 2023-1537 (Specific Plan SP22-0003) to adopt the Marcos Specific Plan to establish development guidelines and serve as the primary land use, policy, and regulatory document for the project site; c. APPROVE Resolution No. 2023-9221 (General Plan Amendment GPA22-0001) for a land use change of 12.06 acres/project site from Commercial (C) to Specific Plan Area (SPA); d. APPROVE Ordinance No. 2023-1538 (Rezone R22-0001) for a zone reclassification of 12.06 acres/project site from Commercial (C) to Specific Plan Area (SPA); e. APPROVE Resolution No. 2023-9222 (Multi-Family Site Development Plan MFS22-0002) to address the design of a residential project including site plan, grading, landscaping, floor plans, and architectural elevations for 102 residential condominiums; f. APPROVE Resolution No. 2023-9223 (Tentative Subdivision Map TSM22-0002) to create one development parcel by merging four existing parcels and to establish 102 residential condominiums; g. APPROVE Resolution No. 2023-9224 (Conditional Use Permit CUP22-0002) to allow and regulate a variety of land uses allowed by the Marcos Specific Plan; h. APPROVE Resolution No. 2023-9225 (Tentative Parcel Map TPM22-0001) to create one development parcel and two open-space parcels by merging eight existing parcels; and i. APPROVE Resolution No. 2023-9226 (Site Development Plan SDP22-0003) to allow the construction of 56,924 square feet of commercial space and seven live-work units. 3. item C: General Plan Amendment a. APPROVE Resolution No. 2023-9227 (General Plan Amendment GPA23-0004) City of San Marcos Page 5 City Council Regular Agenda October 24, 2023 Attachments: Item A - GPA Resolution No. 2023-9218 (GPA22-0005 Pico Place) Item A - Rezone Ordinance No. 2023-1536 (GPA22-0005 Pico Place) Item A - TSM Resolution No. 2023-9219 (GPA22-0005 Pico Place) Item A - MFSDP Resolution No. 2023-9220 (GPA22-0005 Pico Place) Item B- SP22-0003_Marcos Specific Plan- CC- SP Ordinance Item B- SP22-0003_Marcos Specific Plan- CC- SP Ordinance Exhibit A Item B- SP22-0003_Marcos Specific Plan- CC- GPA reso Item B- SP22-0003_Marcos Specific Plan- CC- R Ordinance Item B- SP22-0003_Marcos Specific Plan- CC- MFSDP reso Item B- SP22-0003_Marcos Specific Plan- CC- TSM reso Item B- SP22-0003_Marcos Specific Plan- CC- CUP reso Item B- SP22-0003_Marcos Specific Plan- CC- TPM reso Item B- SP22-0003_Marcos Specific Plan- CC- SDP reso Item C - GPA Resolution No. 2023-9227 (GPA23-0004) Attachment A-1_Vicinity Map (GPA22-0005 Pico Place) Attachment A-2_Requested Entitlements (GPA22-0005 Pico Place) Attachment A-3_Site and Project Characteristics (GPA22-0005 Pico Place) Attachment A-4_Mitigated Negative Declaration ND23-013 (GPA22-0005 Pico Place) Attachment A-5_Fiscal Impact Study (GPA22-0005 Pico Place) Attachment A-6_Economic Impact Study (GPA22-0005 Pico Place) Attachment A-7_General Plan Impact (Land Use) Analysis (GPA22-0005 Pico Place) Attachment A-8_Project Plans (GPA22-0005 Pico Place) Attachment A-9_Planning Commission Minutes from September 18, 2023 Regular Meeting (GPA22-0005 Pico SP22-0003_Staff Report_Attach B1-3 SP22-0003_Staff Report_Attach B4_Final ISMND SP22-0003_Staff Report_Attach B4_Appx A_Specific Plan SP22-0003_Staff Report_Attach B4_Appx B_Air Quality_GHG SP22-0003_Staff Report_Attach B4_Appx C_Biological Resources SP22-0003_Staff Report_Attach B4_Appx D_Cultural Resources SP22-0003_Staff Report_Attach B4_Appx E_Geotechnical Evaluation SP22-0003_Staff Report_Attach B4_Appx F_Phase I Environmental SP22-0003_Staff Report_Attach B4_Appx G_Noise Tech Report SP22-0003_Staff Report_Attach B4_Appx H-1 _Local Transportation Analysis SP22-0003_Staff Report_Attach B4_Appx H-2 _Vehicle Miles Traveled Analysis SP22-0003_Staff Report_Attach B4_Appx I _Preliminary Drainage Study SP22-0003_Staff Report_Attach B4_Appx J_ SWQMP West SP22-0003_Staff Report_Attach B4_Appx K_SWQMP East SP22-0003_Staff Report_Attach B4_Appx L_Water and Sewer Study City of San Marcos Page 6 City Council Regular Agenda October 24, 2023 SP22-0003_Staff Report_Attach B4_Appx M_Response to Comments SP22-0003_Staff Report_Attach B4_Appx N_MMRP SP22-0003_Staff Report_Attach B5- Specific Plan SP22-0003_Staff Report_Attach B6- Architecture West SP22-0003_Staff Report_Attach B6- Landscape West SP22-0003_Staff Report_Attach B6- Grading Plan West SP22-0003_Staff Report_Attach B6- TSM West SP22-0003_Staff Report_Attach B6- Architecture East SP22-0003_Staff Report_Attach B6- Landscape East SP22-0003_Staff Report_Attach B6- Grading Plan East SP22-0003_Staff Report_Attach B6- TPM East SP22-0003_Staff Report_Attach B6- Off-Site Improvements SP22-0003_Staff Report_Attach B7- GPA Analysis SP22-0003_Staff Report_Attach B8- FIscal and Economic Analysis SP22-0003_Staff Report_Attach B9- Parking Analysis SP22-0003_Staff Report_Attach B10- Draft Parking Management Plan SP22-0003_Staff Report_Attach B11- Planning Commission Minutes 9.18.2023 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) 13. 23-2209 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 14. 23-2236 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 15. 23-2237 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 16. 23-2238 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 17. 23-2239 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 18. 23-2240 CITY COUNCIL BUSINESS VISITS City of San Marcos Page 7 City Council Regular Agenda October 24, 2023 Recommendation: Note and File 19. 23-2241 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 OCTOBER 20, 2023, 5:30 P.M. DATE: OCTOBER 20, 2023 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 8