City Council

Tuesday, November 12, 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 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. Subject to very limited exceptions, the City Council is prohibited by state law from discussing or 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 in advance of the start of that portion of the meeting. 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 November 12, 2024 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. SMILE Award, Councilmember Musgrove B. Rise Above Program Partners Recognition C. Detective Rosas Recognition CONSENT CALENDAR Consent Calendar items are considered routine and will be approved by one motion, with no separate discussion prior to voting unless the public, staff, or Council Member(s) request that specific item(s) be removed from the Consent Calendar for separate discussion or action. Speaker slips for this category must be presented to the City Clerk at the start of the meeting. Speakers are limited to three minutes. 1. 24-2492 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. 24-2493 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of City Council regular and special meetings on October 22, 2024. Attachments: 10-22-24R 10-22-24S Closed Session 3. 24-2494 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated November 2024. Attachments: WARRANTS City of San Marcos Page 2 City Council Regular Agenda November 12, 2024 4. TMP-2180 RESOLUTION NO. 2024-9370 - ADOPTING AN UPDATED POLICY FOR THE NAMING OF MUNICIPAL FACILITIES Recommendation: APPROVE the updated policy for naming municipal facilities as recommended by the Parks & Recreation Commission. Attachments: City Council Policy - Naming of Municipal Facilities (1990) City Council Policy - Naming of Municipal Facilities redlined Proposed City Council Policy - Naming of Municipal Facilities (2024) 90-3392 Resolution No. 2024_XXXX 5. TMP-2179 RESOLUTION NO. 2024-9371 - APPROVING AN AMENDMENT TO THE FENCE AND GUARDRAIL REPAIR SERVICES AGREEMENT (6783) WITH SIERRA PACIFIC FENCE, INC., AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE, AND EXECUTE SAID AMENDMENT Recommendation: ADOPT a resolution to approving an amendment to the as needed fence and guardrail repair services agreement with Sierra Pacific Fence Inc, initially issued in an amount not to exceed $400,000, to increase the not to exceed amount to $800,000, and authorizing the City Manager to negotiate, finalize, and execute said amendment. Attachments: Sierra Pacific Fence RESO 6. TMP-2186 RESOLUTION NO. 2024-9372 - ANNEXATION NO. 33 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO.2011-01 (CONGESTION MANAGEMENT) Recommendation: ADOPT 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 #33 Attachment 2 - Exhibit A - Certificate of Election Official Attachment 3 - Exhibit B - Boundry Map Attachment 4 - Aerial Maps Rate and Method of Apportionment of Special Tax for CFD No. 2011-01 7. TMP-2187 RESOLUTION NO. 2024-9373 - ANNEXATION NO. 89 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 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 #89 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 City of San Marcos Page 3 City Council Regular Agenda November 12, 2024 8. TMP-2188 RESOLUTION NO. 2024-9374 - ANNEXATION NO. 94 TO THE SAN MARCOS FIRE PROTECTION DISTRICT COMMUNITY FACILITY DISTRICT NO. 2001-01 Recommendation: ADOPT 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 #94 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 9. TMP-2193 RESOLUTION NO. 2024-9375 - ANNEXATION NO. 155 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) Recommendation: ADOPT 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 #155 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 10. TMP-2189 RESOLUTION NO. 2024-9376 - ESTABLISH THE MEASURE Q CITIZENS’ OVERSIGHT COMMITTEE AND ADOPTING ITS BYLAWS Recommendation: APPROVE resolution establishing the Measure Q Citizens' Oversight Committee and adopting its bylaws Attachments: Measure Q COC - Resolution Final Draft Measure Q - COC Bylaws - Final Draft 11. TMP-2195 RESOLUTION NO. 2024-9377 - APPROVE A LETTER OF COMMITMENT WITH PECHANGA BAND OF INDIANS, SAN LUIS REY BAND OF MISSION INDIANS, AND RINCON BAND OF LUISENO INDIANS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF ACCESS EASEMENT AND MEMORANDUM OF THE GRANT OF ACCESS EASEMENT Recommendation: APPROVE and AUTHORIZE City Manager to execute Grant of Access Easement, Memorandum of Grant of Access Easement, and Letter of Commitment Attachments: Resolution Authorizing City Manager to Execute Access Easement & Commitment Ltr 11012024 Final SM Memorandum of Access Easement 10.31.2024 City of San Marcos Page 4 City Council Regular Agenda November 12, 2024 12. TMP-2192 RESOLUTION NO. 2024-9378 - APPROVE AN AMENDMENT TO CONTRACT 6176 WITH SEMA CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE SAME, AND APPROVING AN AMENDMENT OF THE FY 2024/2025 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE CREEK INFRASTRUCTURE PROJECT (CIP NOS. 88264, 88265) Recommendation: ADOPT a resolution amending the contract 6176 with SEMA Construction and amending the CIP Program Budget for the Creek Infrastructure Project. Attachments: Resolution 2024-XXXX Amending Budget and Contract 88264 update 88265 update 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. PUBLIC HEARINGS 13. TMP-2165 RESOLUTION NO. 2024-9379 - ADOPTING AMENDED AND RESTATED CONTRACTUAL AGREEMENTS AND LOAN DOCUMENTS WITH TERRA COTTA HOUSING ASSOCIATES, LP. Recommendation: 1. OPEN, CONDUCT and CLOSE a public hearing to consider the terms of an Amended and Restated Declaration of Covenants, Conditions, and Restrictions and Loan Agreements with Terra Cotta Housing Associates, LP. 2. ADOPT resolution approving an Amended and Restated Declaration of Covenants, Conditions, and Restrictions and Loan Agreements with Terra Cotta Housing Associates, LP by and among the City of San Marcos in its capacity as the Successor Housing Agency to the former San Marcos Redevelopment Agency. Attachments: RESOLUTION 11.12.24 Terra Cotta-Revised Amendments Terra Cotta-Revised Amendments Terra Cotta-Revised Amendments Declaration Amendment.v3 ORAL COMMUNICATIONS - CONTINUED This portion of the agenda is set aside for continuation of Oral Communications, if needed. Speakers are limited to three minutes. Please note that, subject to very limited exceptions, the City Council is precluded by State law from taking action on any topic that is not included on the posted agenda. Please complete a “Request to Speak” form and place in basket provided in advance of the start of that portion of the meeting. City of San Marcos Page 5 City Council Regular Agenda November 12, 2024 REPORTS (INCLUDING AB 1234 REPORTING REQUIREMENTS - GC 53232.3(D)) 14. 24-2495 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 15. 24-2496 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 16. 24-2497 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 17. 24-2498 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 18. 24-2499 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 19. 24-2500 CITY COUNCIL BUSINESS VISITS 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 NOVEMBER 7, 2024, 5:30 P.M. DATE: NOVEMBER 7, 2024 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 6