City Council

Tuesday, December 12, 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 December 12, 2023 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. PRESENTATION - SM HIGH SCHOOL FOOTBALL TEAM CONSENT CALENDAR 1. 23-2257 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. 23-2258 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a City Council meeting on November 14, 2023. Attachments: 11-14-23R 3. 23-2259 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated November and December 2023. Attachments: AP285 Signed_Nov_Dec CIP285 Signed_Nov_Dec RDA285 Signed_Nov2023 4. 23-2261 RESOLUTION NO. 2023-9248 - CANCELLATION OF THE DECEMBER 26, 2023, REGULAR CITY COUNCIL MEETING Recommendation: ADOPT a resolution cancelling the December 26, 2023, regular City Council meeting. Attachments: Resolution City of San Marcos Page 2 City Council Regular Agenda December 12, 2023 5. 23-2262 ORDINANCE NO. 2023-1539 - SECOND READING OF ORDINANCE CODIFYING THE TRANSPORTATION DEMAND MANAGEMENT AND AMENDING TITLE 20, CHAPTER 20.340 OF THE SAN MARCOS MUNICIPAL CODE, ADDING CHAPTER 20.350 TO TITLE 20, AND REMOVING CHAPTER 12.36 FROM TITLE 12 Recommendation: ADOPT (second reading) an ordinance approving the Transportation Demand Management (TA22-0002) to amend Chapter 20.340, insert Chapter 20.350 and remove Chapter 12.36 from the San Marcos Municipal Code (SMMC). Attachments: TA22-0002 CC Ordinance TA22-0002-CC Ordinance Exhibit A-Chapter 20.340 clean TA22-0002-CC Ordinance Exhibit A-Chapter 20.350 clean TA22-0002-CC Ordinance Exhibit B-Chapter 20.340 strikeout TA22-0002CC Ordinance Exhibit B-Chapter 20.350 strikeout TA22-0002-CC Ordinance ExhibitB-Chapter12.36 strikeout 6. TMP-2008 RESOLUTION NO. 2023-9249 - AFFIRMING THE CITY’S ANNUAL INVESTMENT POLICY Recommendation: ADOPT resolution affirming the City's annual investment policy. Attachments: Reso_Investment Policy_20231212 Exhibit A INVESTMENT POLICY_Update_20231212 7. TMP-2012 RESOLUTION NO 2023-9250 - ADOPTING THE FISCAL YEAR 2022-23 PUBLIC FACILITIES FEES ANNUAL REPORT FINDINGS Recommendation: ADOPT the FY2022-23 public facilities fees annual report findings resolution, as required by the applicable California Government Code. Attachments: Resolution 2023-9250 Exhibit A Public Facilities Fees Report Exhibit B Public Facilities Fees Improvements Expenditure Activity for Fiscal Year EXHIBIT C Public Facilities Financing Plan 2003 Update 8. TMP-2018 RESOLUTION NO. 2023-9251 - AMENDING THE MEMBERSHIP OF THE BUDGET REVIEW COMMITTEE TO INCLUDE AN ADDITIONAL ALTERNATE POSITION Recommendation: ACTION AS DESIRED to amend the membership of the Budget Review Committee to include an additional alternate position. Attachments: Resolution 2023 - 9251 Additional Alternate For Budget Review Committee 96-4652 97-4900 99-5260 2007-6985 City of San Marcos Page 3 City Council Regular Agenda December 12, 2023 9. TMP-2007 RESOLUTION NO. 2023-9254 - APPROVING CONSTRUCTION DOCUMENTS, AUTHORIZING ADVERTISEMENT FOR BID, AND DELEGATING AUTHORITY TO THE CITY MANAGER TO AWARD, FINALIZE, AND EXECUTE THE CONSTRUCTION CONTRACT DOCUMENTS FOR THE CLARIFIER REPLACEMENT PROJECT (CIP #FC014), AND FURTHER DELEGATING AUTHORITY TO THE CITY MANAGER TO ENTER INTO A REIMBURSEMENT AGREEMENT OR ACCEPT FUNDS, AS APPLICABLE, FROM SAN MARCOS UNIFIED SCHOOL DISTRICT FOR COST-SHARING THE PROJECT Recommendation: ADOPT a resolution approving the construction documents for the Clarifier Replacement Project (CIP #FC014) and delegating authority to the City Manager to negotiate, finalize, and execute all material and construction contracts, and to enter into a reimbursement agreement or accept funds from San Marcos Unified School District to share the cost of the project. Attachments: FC014 Clarifier Replacement Resolution San Marcos Clarifier Replacement_ Final Plans San Marcos Clarifier Replacement_ Final SPECIAL PROVISIONS ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. NEW BUSINESS 10. 23-2265 RESOLUTIONS NOS. 2023-9252 & 2023-9253 - ADOPT PART TIME AND FULL TIME CLASSIFICATION AND COMPENSATION SCHEDULES Recommendation: ADOPT resolutions approving both Part Time and Full Time Classification and Compensation schedules. Attachments: Resolution to update FT class and comp schedule121223 Resolution to update PT class and comp schedule121223 FT CompensationSchedule_effective12232023 PT Compensation Schedule_effective12232023 PUBLIC HEARING City of San Marcos Page 4 City Council Regular Agenda December 12, 2023 11. TMP-2015 RESTAURANT ROW SPECIFIC PLAN - MITIGATED NEGATIVE DECLARATION (ND) 23-011, SPECIFIC PLAN (SP) 22-0004, GENERAL PLAN AMENDMENT (GPA) 22-0002, REZONE (R) 22-0002, TENTATIVE SUBDIVISION MAP (TSM) 22-0003, SITE DEVELOPMENT PLANS (SDP) 22-0006 (PRIVATE DEVELOPMENT), AND SDP 23-0004 (PUBLIC PARK) Recommendation: ADOPTION and APPROVAL of the following, in the order set forth below: 1. ADOPT Mitigated Negative Declaration (ND23-011); 2. APPROVE Ordinance No. 2023-1540 to adopt the Restaurant Row Specific Plan (SP22-0004) to establish development guidelines and serve as the primary land use, policy, and regulatory document for the 10.5-acre project site; 3. APPROVE Resolution No. 2023-9244 for a General Plan Amendment (GPA22-0002) to change the General Plan land use designation of the project site from Mixed Use 1/MU 1 (20-30 du/ac) and Light Industrial/LI to Specific Plan Area; 4. APPROVE Ordinance No. 2023-1541 for a Rezone (R22-0002) to change the zoning designation of the project site from Mixed-Use 1 (MU-1) and Light Industrial (L-I) to Specific Plan Area (SPA); 5. APPROVE Resolution No. 2023-9245 for a Tentative Subdivision Map (TSM22-0003) to subdivide the 10.5-acre project site into three lots, dedicate right-of-way, and to create up to 202 residential and 30 commercial condominium units; 6. APPROVE Resolution No. 2023-9246 for a Site Development Plan (SDP22-0006) to provide for the orderly development of the specific plan area with 202 residential units and 10,400 square-feet of mixed-use commercial space; and 7. APPROVE Resolution No. 2023-9247 for a Site Development Plan (SDP23-0004) to develop a 1.1-acre neighborhood public park. City of San Marcos Page 5 City Council Regular Agenda December 12, 2023 Attachments: Ordinance No. 2023-1540 - SP22-0004 Ordinance No. 2023-1540 - SP22-0004 (EXHIBIT A) Resolution No. 2023-9244 - GPA22-0002 Ordinance No. 2023-1541 - R22-0002 Resolution No. 2023-9245 - TSM22-0003 Resolution No. 2023-9246 - SDP22-0006 Resolution No. 2023-9247 - SDP23-0004 Attachment A - Vicinity Map Attachment B - Requested Entitlement Attachment C - Site and Project Characteristics Attachment D - Mitigated Negative Declaration (ND23-011) Attachment D - Tech Appendix A (AQ-GHG) Attachment D - Tech Appendix B (Bio Letter Report) Attachment D - Tech Appendix D (Geotechnical Investigation) Attachment D - Tech Appendix E (Phase I Env) Attachment D - Tech Appendix F (Hydrology-Drainage Study) Attachment D - Tech Appendix G (Hydraulic Analysis) Attachment D - Tech Appendix H (Noise Report) Attachment D - Tech Appendix I (Local Transportation Assessment) Attachment D - Tech Appendix J (VMT Impact Letter) Attachment D - Tech Appendix K (Water Sewer Study) Attachment D - Tech Appendix L (Fire Response Memo) Attachment D - Tech Appendix M (Specific Plan) Attachment D - Tech Appendix N (SWQMP) Attachment D - Tech Appendix O (Built Environment Memo) Attachment D - Tech Appendix P (HRTR Report) Attachment D - Tech Appendix Q (Responses to Comments) Attachment D - Mitigation Monitoring and Reporting Program (MMRP) Attachment E - Specific Plan Attachment F - Public Comment Cards Attachment G - Restaurant Row Community Outreach Program Attachment H - Public Comment Letters Attachment I - Fiscal Impact Analysis Attachment J - Economic Impact Analysis Attachment K - Land Use, Public Benefits, Infrastructure & Community Service Impact Analyses Attachment L - Planning Commission Meeting Minutes, November 6, 2023 Attachment M - Cocina del Charro Letter of Support Attachment N - Lennar Response to Fish House Vera Cruz Comments and Concerns City of San Marcos Page 6 City Council Regular Agenda December 12, 2023 Attachment O - Fish House Vera Cruz and Lennar Updates on Parking Issue Resolution Attachment P - Project Plans 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. 23-2266 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 13. 23-2267 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 14. 23-2268 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 15. 23-2269 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 16. 23-2270 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 17. 23-2271 CITY COUNCIL BUSINESS VISITS Recommendation: Note and File 18. 23-2272 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER) Recommendation: Note and File COUNCIL COMMENTARY ADJOURNMENT City of San Marcos Page 7 City Council Regular Agenda December 12, 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 DECEMBER 7, 2023, 5:30 P.M. DATE: DECEMBER 7, 2023 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 8