City Council

Tuesday, July 23, 2024 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 THREE 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 July 23, 2024 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. SMILE Award - Councilmember Sannella B. Proclaim The Civility Pledge CONSENT CALENDAR 1. 24-2426 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. 24-2427 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of City Council special meeting on July 02, 2024 and regular meeting on July 9, 2024. Attachments: 07-02-2024S Workshop 07-09-24 3. 24-2428 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated July 2024. Attachments: Warrants 4. 24-2420 RESOLUTION NO. 2024-9327 - CANCELLATION OF THE AUGUST 13, 2024 & AUGUST 27, 2024 REGULAR CITY COUNCIL MEETINGS Recommendation: ADOPT a resolution canceling the August 13, 2024 and August 27, 2024 regular City Council meetings. Attachments: Resolution City of San Marcos Page 2 City Council Regular Agenda July 23, 2024 5. 24-2422 ORDINANCE NO. 2024-1544 - SECOND READING OF ORDINANCE REPEALING AND REPLACING MUNICIPAL CODE TITLE 12 (MOTOR VEHICLES AND TRAFFIC) Recommendation: ADOPT (second reading) Ordinance 2024-1544, repealing and replacing existing San Marcos Municipal Code Title 12 (Motor Vehicles and Traffic). Attachments: Attachment 1: Ordinance Repealing and Replacing Title 12: Motor Vehicles and Traffic Attachment 2: Title 12 Redline Attachment A to Ordinance 6. 24-2424 ORDINANCE NO. 2024-1545 - SECOND READING OF ORDINANCE APPROVING AN ENGINEERING AND TRAFFIC SURVEY AND ESTABLISHING PRIMA FACIE SPEED LIMITS FOR SPECIFIED CITY STREETS AND AMENDING THE CITY OF SAN MARCOS TRAFFIC SCHEDULE FOR SPEED ZONES PER SAN MARCOS MUNICIPAL CODE SECTION 12.04.020 Recommendation: ADOPT (second reading) Ordinance approving an engineering and traffic survey and establishing prima facie speed limits on specified City streets and amending the City of San Marcos traffic schedule for speed zones per San Marcos Municipal Code Section 12.04.020. Attachments: Attachment 1: Ordinance Establishing Prima Facie Speed Limits (EA) Exhibit A to Attachment 1: Engineering and Traffic Survey 7. 24-2425 ORDINANCE NO. 2024-1546 - SECOND READING OF ORDINANCE ADDING CHAPTER 10.33 TO THE SAN MARCOS MUNICIPAL CODE (ENCAMPMENTS ON CITY PROPERTY), AND AMENDING SAN MARCOS MUNICIPAL CODE SECTION 9.04.070 (RECREATIONAL ACTIVITIES) Recommendation: ADOPT (second reading) Ordinance 2024-1546, adding Chapter 10.33 to the San Marcos Municipal Code (Encampments on City Property), and amending Section 9.04.070 (Recreational Activities). Attachments: Encampment Ordinance Final Proposed - Revisions to SMMC 9.04.070, 12.20.100, 12.20.120, 12.20.130, and 12.20.140 Proposed - New SMMC Chapter10.33 (Encampments on City Property) 8. TMP-2121 RESOLUTION NO. 2024-9328 - AUTHORIZING THE ACCEPTANCE OF FISCAL YEAR (FY) 2023 URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM FUNDS Recommendation: ADOPT a resolution authorizing the acceptance of Fiscal Year (FY) 23 Urban Area Security Initiative (UASI) grant program funds, delegating authority to the City Manager to finalize and implement the same, and authorizing a budget amendment to the FY 24-25 operating budget. Attachments: UASI 23 Resolution City of San Marcos Page 3 City Council Regular Agenda July 23, 2024 9. TMP-2134 RESOLUTION NO. 2024-9329 - AUTHORIZING THE ACCEPTANCE OF FISCAL YEAR (FY) 2023 STATE HOMELAND SECURITY GRANT PROGRAM (SHSP) FUNDS Recommendation: ADOPT a resolution authorizing the acceptance of Fiscal Year (FY) 23 State Homeland Security Grant Program (SHSP) funds and authorizing a budget amendment to the FY 24-25 operating budget. Attachments: SHSGP23 Resolution 10. TMP-2135 RESOLUTION NO. 2024-9330 - APPROVE AN AUTOMATIC RENEWAL OF THE COOPERATIVE AGREEMENT TO FORM A HOME CONSORTIUM Recommendation: ADOPT a resolution approving the automatic renewal of the existing Cooperative Agreement to Form a Home Consortium (Cooperative Agreement). Attachments: RESO 2024-XXXX FY 2012-2014 HOME Consortium Cooperative Agreement-Executed 11. TMP-2137 RESOLUTION NO. 2024-9331 - APPROVING AN AMENDMENT TO THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM BUDGET TO ADD A NEW CAPITAL IMPROVEMENT PROJECT FOR THE BRADLEY PARK SPORTS FIELD LIGHTING PROJECT (CIP #PK011), APPROPRIATING THE NECESSARY FUNDS, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY HUD ECONOMIC DEVELOPMENT INITIATIVE COMMUNITY PROJECT FUNDING GRANT AGREEMENTS AND RELATED DOCUMENTS. Recommendation: ADOPT a resolution to amend the Fiscal Year 2024-25 Capital Improvement Program budget to add a new capital improvement project for the Bradley Park sports field lighting project (CIP #PK011), appropriate the necessary funds, and authorize the City Manager to execute any HUD economic development initiative community project funding grant agreement and related documents. Attachments: PK011 PK011 Reso CIP addition 12. TMP-2138 RESOLUTION NO. 2024-9332 - ANNEXATION NO. 32 TO THE CITY OF SAN MARCOS COMMUNITY FACILTES DISTRICT NO. 2011-01 (CONGESTION MANAGEMENT) Recommendation: ADOPT a resolution certifying the results of the election(s) and annexing the properties listed below to Community Facilities District No. 2011-01 (Congestion Management). Attachments: Resolution Certifying and Adding Property CFD 2011-01 #32 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 City of San Marcos Page 4 City Council Regular Agenda July 23, 2024 13. TMP-2140 RESOLUTION NO. FD 2024-373 - ANNEXATION NO. 93 TO THE SAN MARCOS FIRE PROTECTION DISTRICT COMMUNITY FACILITY DISTRICT NO. 2001-01 Recommendation: ADOPT a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 2001-01. Attachments: Resolution Certifying and Adding Property CFD 2001-01 #93 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 14. TMP-2139 RESOLUTION NO. 2024-9333 - ANNEXATION NO. 88 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-01 IMPROVEMENT AREA NO. 1 (POLICE ONLY) Recommendation: ADOPT a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 98-01 IA No. 1 (Police Only). Attachments: Resolution Certifying and Adding Property CFD 98-01 IA 1 #88 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 15. TMP-2142 RESOLUTION NO. 2024-9334 - ANNEXATION NO. 154 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) Recommendation: ADOPT a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance). Attachments: Resolution Certifying and Adding Property CFD 98-02 #154 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 City of San Marcos Page 5 City Council Regular Agenda July 23, 2024 16. TMP-2127 FINAL MAP FOR TENTATIVE SUBDIVISION MAP TSM 19-0002, NORTH CITY WEST, FOR NORTH CITY COMMUNITY PARTNERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND URBAN VILLAGES SAN MARCOS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Recommendation: APPROVE Final Subdivision Map for Tentative Subdivision Map (TSM) 19-0002. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Final Map ORAL COMMUNICATIONS Persons wishing to speak on items not on the agenda may do so during this time period. Speakers are limited to three minutes. Please complete a “Request to Speak” form. The first Oral Communication segment consists of a 15 minute timed segment during which the Council will hear as many speakers as possible. Any speakers not heard during the first Oral Communications segment will automatically be called during the continuation of the Oral Communication segment at the end of the agenda. Please note that the City Council is precluded by State law from taking action on any topic that is not included on the posted agenda. ORDINANCES 17. TMP-2136 ORDINANCE NO. 2024-1549 - ORDINANCE AMENDING MUNICIPAL CODE TITLE 14 (CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES) SECTIONS 14.04.010, 14.12.060, 14.12.240, AND 14.21.080 Recommendation: INTRODUCE (first reading) Ordinance amending Municipal Code Title 14 (Construction Within Streets, Sidewalks, And Public Places; Underground Utility Facilities), Sections 14.04.010, 14.12.160, 14.12.240, and 14.21.080. Attachments: Attachment 1: Ordinance Attachment 2: Redline, Title 14 Construction Within Streets PUBLIC HEARINGS City of San Marcos Page 6 City Council Regular Agenda July 23, 2024 18. TMP-2143 RESOLUTION NOS. 2024-9335 & 2024-9336 ADOPTING THE ACTIVE TRANSPORTATION PLAN AND APPROVING A GENERAL PLAN AMENDMENT GPA24-0001 TO AMEND THE MOBILITY ELEMENT, AS RECOMMENDED BY THE PLANNING COMMISSION BY A 6 - 0 VOTE Recommendation: ADOPT OR APPROVE, as applicable, the following in the order set forth below: 1. ADOPT Categorical Exemption EX 24-009 2. APPROVE resolution adopting the Active Transportation Plan 3. APPROVE resolution (General Plan Amendment GPA24-0001) for Modifications to the Mobility Element to incorporate the Active Transportation Plan, update performance measures, and modify truck route management Attachments: Attachment 1: Active Transportation Plan Resolution Attachment 1 Exhibit A: Active Transportation Plan Attachment 2: General Plan Amendment Resolution Attachment 2 Exhibit A: General Plan Mobility Element (Clean) Attachment 2 Exhibit B: General Plan Mobility Element Redline Attachment 3 Draft 06.17.24 Planning Commission Minutes 19. TMP-2118 RESOLUTION NO. 2024-9337 - CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT OF THE LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 Recommendation: ADOPT resolution approving and confirming the diagram and assessment, and levying the assessment for fiscal year 2024-2025. Attachments: 3b - Resolution LMD Assessment FY25 Final Engineer's Report 24-25 20. TMP-2119 RESOLUTION NO. 2024-9338 - CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT OF VALLECITOS TOWN CENTER STREET MAINTENANCE DISTRICT FOR FISCAL YEAR 2024-2025 Recommendation: ADOPT resolution confirming the diagram and assessment and providing for the levy of the assessment of Vallecitos Town Center Street Maintenance District for Fiscal Year 2024-2025. Attachments: 3b - Resolution VTC Assessment FY25 Attachment A - VTC_Assessment_Diagram FY25 Attachment B - Final Engineer's Report 24-25 City of San Marcos Page 7 City Council Regular Agenda July 23, 2024 21. TMP-2129 ORDINANCE NO. 2024-1550 - ORDINANCE AMENDING SECTIONS 20.310.020, 20.310.030, 20.310.040, 20.310.050, 20.310.060, and 20.310.080 OF TITLE 20 OF THE SAN MARCOS MUNICIPAL CODE RELATIVE TO INCLUSIONARY HOUSING REQUIREMENTS AND ASSOCIATED DENSITY BONUS CALCULATIONS FOR RESIDENTIAL RENTAL PROJECTS AND INCLUSIONARY HOUSING AGREEMENTS Recommendation: INTRODUCE (First Reading) of an Ordinance amending the Section 20.310.020, 20.310.030, 20.310.040, 20.310.050, 20.310.060, and 20.310.080 of the San Marcos Municipal Code and finding that said amendments are categorically exempt from CEQA review, in the following order: a) Categorical Exemption (EX24-007) and b) Ordinance (TA24-0002) amending Title 20, Chapter 20.310 of the San Marcos Municipal Code. Attachments: CC Ordinance - Inclusionary Housing Ord Exhibit A - CHAPTER_20.310___INCLUSIONARY_HOUSING Clean Exhibit B - CHAPTER_20.310___INCLUSIONARY_HOUSING Redline Attachment A - Draft_06.17.24_Planning Commission Minutes City of San Marcos Page 8 City Council Regular Agenda July 23, 2024 22. TMP-2126 RESOLUTION NOS. 2024-9323, 9324, 9325, & 9326 AND ORDINANCE NOS. 2024-1547 & 1548 - PACIFIC SPECIFIC PLAN - ENTITLEMENTS FOR A 228-UNIT RESIDENTIAL DEVELOPMENT, INCLUDING AN ENVIRONMENTAL IMPACT REPORT AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM (EIR24-002) WITH FINDINGS OF FACT, A GENERAL PLAN AMENDMENT (GPA21-0002), A REZONE (R21-0002), A SPECIFIC PLAN (SP22-0001), A MULTI-FAMILY SITE DEVELOPMENT PLAN (MFSDP24-0001), AND A TENTATIVE SUBDIVISION MAP (TSM24-0001) AS RECOMMENDED FOR APPROVAL BY THE PLANNING COMMISSION BY A 6-0 VOTE Recommendation: ADOPT or INTRODUCE the following, as applicable, in the order set forth below: 1. ADOPT resolution (2024-9323) to certify the Environmental Impact Report (EIR24-002 / SCH No 2022050650) associated Mitigation Monitoring and Reporting Program, with Findings of Fact; 2. ADOPT resolution (2024-9324) (General Plan Amendment GPA21-0002) for a land use change of 33.2 acres/project site from Industrial (I) to Specific Plan Area (SPA); 3. INTRODUCE ordinance (2024-1547) (Rezone R21-0002) for a zone reclassification of 33.2 acres/project site from Industrial (I) to Specific Plan Area (SPA); 4. INTRODUCE ordinance (2024-1548) (Specific Plan SP22-0001) to adopt the Pacific Specific Plan to establish development guidelines and serve as the primary land use, policy, and regulatory document for the project site; 5. ADOPT resolution (2024-9325) (Multi-Family Site Development Plan MFSDP24-0001) to allow the construction of 228 residential condominiums; and 6. ADOPT resolution (2024-9326) (Tentative Subdivision Map TSM24-0001) to establish two residential lots and one open space lot, with 116 residential condominiums on Lot 1 and 112 residential condominiums on Lot 2. City of San Marcos Page 9 City Council Regular Agenda July 23, 2024 Attachments: Resolution 2024-9323 (EIR24-002) Resolution 2024-9323 (EIR24-002) Exhibit A- Attachment A - MMRP Resolution 2024-9324 (GPA21-0002) Ordinance 2024-1547 (R21-0002) Ordinance 2024-1548 (SP22-0001) Ordinance 2024-1548 (SP22-0001) Exhibit A - Pacific Specific Plan Resolution 2024-9325 (MFSDP24-0001) Resolution 2024-9326 (TSM24-0001) Attachment A - Vicinity Map Attachment B - Requested Entitlements Attachment C - Site and Project Characteristsics Attachment D - Final EIR (EIR24-002) Attachment D - Appendix A - Notice of Preparation and Comments Attachment D - Appendix B - Air Quality_GHG Report Attachment D - Appendix B-1 - Air Quality Memo RDFA-VPIM Attachment D - Appendix B-2 - Air Quality Memo RPSPA Attachment D - Appendix C - Biological Report Attachment D - Appendix C-1- Biological Memo RDFA-VPIM Attachment D - Appendix C-2 - Biological Memo RPSPA Attachment D - Appendix D - Cultural Inventory Report Attachment D - Appendix D-1 - Cultural Resources Memo RDFA-VPIM Attachment D - Appendix D-2 - Cultural Resources Memo RPSPA Attachment D - Appendix E - Drainage Study Attachment D - Appendix E-1 - Drainage Study RDFA-VPIM Attachment D - Appendix E-2 - Drainage Study RPSPA Attachment D - Appendix F - Geotechnical Evaluation Attachment D - Appendix F-1 - Geotechnical Memo RDFA-VPIM Attachment D - Appendix F-2 - Geotechnical Memo RPSPA Attachment D - Appendix G - Storm Water Quality Management Plan Attachment D - Appendix G-1 - SWQMP RDFA-VPIM Attachment D - Appendix G-2 - SWQMP RPSPA Attachment D - Appendix H - Phase I Environmental Site Assessment Attachment D - Appendix I - Noise Report Attachment D - Appendix I-1 - Noise Technical Memo RDFA-VPIM Attachment D - Appendix I-2 - Noise Technical Memo RPSPA Attachment D - Appendix J - Vehicle Miles Traveled Analysis Attachment D - Appendix K - Local Transportation Analysis Attachment D - Appendix K-1 - Local Transportation Analysis RDFA-VPIM City of San Marcos Page 10 City Council Regular Agenda July 23, 2024 Attachment D - Appendix K-2 - Local Transportation Analysis RPSPA Attachment D - Appendix L - Sewer and Water Study Attachment D - Appendix L-1 -Water and Sewer Study RDFA-VPIM Attachment D - Appendix M - Pacific Specific Plan Attachment D - Appendix N - Fire Protection Plan Attachment D - Appendix O - Paleontological Resources Inventory Report Attachment D - Appendix P - Public Comments & Responses to Comments Attachment E - Pacific Specific Plan Attachment F - Architectural Plans Attachment F - Landscape Plans Attachment F - Civil Plans Attachment F - Improvement Plans Attachment G - Land Use, Public Benefit & Infrastructure Analysis Attachment H - Fiscal and Economic Impact Reports Attachment I - Public Comments Attachment J - CDFW Letter and Response Attachment K - Draft Planning Commission Meeting Minutes 6.17.24 ORAL COMMUNICATIONS - CONTINUED Speakers are limited to three minutes. Please complete a “Request to Speak” form and place in basket provided. REPORTS (INCLUDING AB 1234 REPORTING REQUIREMENTS - GC 53232.3(D)) 23. 24-2429 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 24. 24-2430 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 25. 24-2431 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 26. 24-2432 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 27. 24-2433 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File City of San Marcos Page 11 City Council Regular Agenda July 23, 2024 28. 24-2434 CITY COUNCIL BUSINESS VISITS Recommendation: Note and File 29. 24-2435 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 JULY 18, 2024, 5:30 P.M. DATE: JULY 18, 2024 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 12