MINUTES
Regular Meeting of the San Marcos City Council
TUESDAY, DECEMBER 14, 2021
City Council Chambers
1 Civic Center Drive, San Marcos, CA 92069
Regular City Council Meeting
Special City of San Marcos as Successor Agency to the San Marcos Redevelopment Agency Meeting Special City of San Marcos as 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
CALL TO ORDER: Mayor Jones called the City Council meeting to order at 6:00 P.M.
PLEDGE OF ALLEGIANCE: Led by Deputy Mayor Jenkins
INVOCATION: Given by Deacon Margy of San Marcos Lutheran Church ROLL CALL:
PRESENT: COUNCILMEMBERS: MUSGROVE, NUÑEZ, WALTON, JENKINS, JONES ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: City Manager Griffin, City Attorney Peak, Deputy City Clerk Moss, and City Clerk Scollick.
PROCLAMATIONS AND PRESENTATIONS
Proclamation presented to Pastry Chef Christophe Rull
Proclamation presented to San Marcos High School Field Hockey Team Presentation by SD District Attorney about the One Safe Place North County Family Justice Center
CONSENT CALENDAR
MOVED BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER NUÑEZ TO APPROVE THE CONSENT CALENDAR.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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.
APPROVAL OF MINUTES. Approved the minutes of a regular city council meeting on November 23, 2021.
APPROVAL OF WARRANTS. Approved City Council, Successor Agency, and Fire Protection District warrants dated 12/7/2021.
RESOLUTION NO. 2021-8955 – CANCELLATION OF THE DECEMBER 28, 2021 REGULAR CITY COUNCIL MEETING. Adopted resolution cancelling the December 28, 2021 regular City Council meeting.
RESOLUTION NO. 2021-8956 OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO REPRESENT THE CITY OF SAN MARCOS ON THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE). Adopted resolution appointing a Member and an Alternate Member to represent the City of San Marcos on the Board of Directors of the Clean Energy Alliance. REMOVED FROM THE CONSENT CALENDAR TO NEW BUSINESS.
RESOLUTION NO. 2021-8957 AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AND SUBMIT THE OPIOID SETTLEMENT PARTICIPATION FORMS FOR THE PROPOSED CALIFORNIA STATE SUBDIVISION AGREEMENTS REGARDING DISTRIBUTION AND USE OF SETTLEMENT FUNDS FOR THE JANSSEN SETTLEMENT AND THE DISTRIBUTORS SETTLEMENT. Adopted resolution authorizing the City Manager or designee to execute and submit the Opioid Settlement Participation Forms for the proposed California State Subdivision Agreements Regarding Distribution and Use of Settlement Funds for the Janssen Settlement and the Distributors Settlement.
FINAL MAP APPROVAL FOR TENTATIVE SUBDIVISION MAP 13-001-2 FOR THE SAN MARCOS HIGHLANDS UNIT 2 PROJECT BY KB HOME CALIFORNIA LLC, A DELAWARE LIMITED LIABILITY COMPANY. Approved Final Subdivision Map for Tentative Subdivision Map (TSM) 13‑001‑2. REMOVED FROM THE CONSENT CALENDAR.
FINAL MAP APPROVAL FOR TENTATIVE SUBDIVISION MAP 13-001-3 FOR THE SAN MARCOS HIGHLANDS PROJECT BY KB HOME CALIFORNIA LLC, A DELAWARE LIMITED LIABILITY COMPANY. Approved Final Subdivision Map for Tentative Subdivision Map (TSM) 13‑001‑3. REMOVED FROM THE CONSENT CALENDAR.
FINAL MAP APPROVAL FOR TENTATIVE SUBDIVISION MAP 18-0001 FOR THE SUNRISE RESIDENTIAL PROJECT BY CAL HEARTHSTONE LOT OPTION POOL 01, A DELAWARE LIMITED PARTNERSHIP. Approved Final Subdivision Map for Tentative Subdivision Map (TSM) 18‑0001. REMOVED FROM THE CONSENT CALENDAR AFTER APPROVAL FOR RECONSIDERATION.
RESOLUTION NO. 2021-8958 ADOPTING THE FY 2020-21 PUBLIC FACILITIES FEES ANNUAL REPORT FINDINGS. Adopted the resolution adopting the FY 2020‑21 public facilities fees annual report findings, as required by the applicable California Government Code.
REPEALING RESOLUTION NO. 2020-8837 AND ADOPTING THE CITY’S ANNUAL INVESTMENT POLICY. Adopted the City’s annual investment policy.
AUTHORIZATION TO RECORD NOTICE OF CESSATION OF SPECIAL TAX LIEN FOR CERTAIN PROPERTIES IN COMMUNITY FACILITIES DISTRICT NO. (CFD) 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE). Adopted the resolution authorizing the recording of a Notice of Cessation of Special Tax Lien for certain properties within Community Facilities District No. (CFD) 98‑02 (Lighting, Landscaping, Open Space and Preserve Maintenance).
RESOLUTION NO. 2021-8961 – ADOPT A RESOLUTION DELEGATING AUTHORITY TO THE CITY MANGER TO NEGOTIATE, FINALIZE, AND EXECUTE CONTRACT DOCUMENTS FOR THE UPGRADE OF THE CITY’S FINANCIAL ACCOUNTING, HUMAN RESOURCE, AND PAYROLL SOFTWARE AND MIGRATE TO A SOFTWARE AS A SERVICE ENVIRONMENT. Adopted a resolution delegating authority to the City Manager to negotiate, finalize, and execute contract documents for the upgrade of the City's Financial Accounting, Human Resource, and Payroll software and migrate to a software as a service environment.
RESOLUTION NO. 2021-8962 – EXPENDITURE OF FUNDS PURSUANT TO COMPENSATION AND REIMBURSEMENT POLICY, EVENT TICKET APPROVAL. Adopted a resolution approving expenditure of funds for attendance at public purpose events.
RESOLUTION NO. 2021-8963 – APPOINTMENT OF AN ALTERNATE TO THE GENERAL PLAN ADVISORY COMMITTEE AND AFFIRMATION OF COMMITTEE COMPOSITION. Adopted a resolution appointing new alternate to the General Plan Advisory Committee, affirming the revised composition of the committee.
RESOLUTION NO. 2021-8964 – UPDATED PART TIME CLASSIFICATION AND COMPENSATION SCHEDULE. Adopted a resolution approving the updated Part Time Classification and Compensation Schedule.
ITEM REMOVED FROM THE CONSENT CALENDAR
FINAL MAP APPROVAL FOR TENTATIVE SUBDIVISION MAP 13-001-2 FOR THE SAN MARCOS HIGHLANDS UNIT 2 PROJECT BY KB HOME CALIFORNIA LLC, A DELAWARE LIMITED LIABILITY COMPANY. Approved Final Subdivision Map for Tentative Subdivision Map (TSM) 13‑001‑2. REMOVED FROM THE CONSENT CALENDAR.
Item was pulled from the consent calendar for public comment, public comment was subsequently retracted.
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER NUÑEZ TO APPROVE FINAL MAP.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
FINAL MAP APPROVAL FOR TENTATIVE SUBDIVISION MAP 13-001-3 FOR THE SAN MARCOS HIGHLANDS PROJECT BY KB HOME CALIFORNIA LLC, A DELAWARE LIMITED LIABILITY COMPANY. Approved Final Subdivision Map for Tentative Subdivision Map (TSM) 13‑001‑3. REMOVED FROM THE CONSENT CALENDAR.
Item was pulled from the consent calendar for public comment, public comment was subsequently retracted.
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER NUÑEZ TO APPROVE FINAL MAP.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
FINAL MAP APPROVAL FOR TENTATIVE SUBDIVISION MAP 18-0001 FOR THE SUNRISE RESIDENTIAL PROJECT BY CAL HEARTHSTONE LOT OPTION POOL 01, A DELAWARE LIMITED PARTNERSHIP. Approved Final Subdivision Map for Tentative Subdivision Map (TSM) 18‑0001. REMOVED FROM THE CONSENT CALENDAR AFTER APPROVAL FOR RECONSIDERATION.
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE TO REMOVE FROM CONSENT CALENDAR FOR RECONSIDERATION.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Public comment included commentary in opposition to the proposed final map from Marlene Walder.
MOVED BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER WALTON TO APPROVE THE FINAL MAP.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORAL COMMUNICATIONS
Jesse Jason, resident, spoke about the San Marcos Mobile Estates HOA.
Lynn McGrew, resident, spoke about the San Marcos Mobile Estates HOA.
Marlene Walder, resident, spoke about the San Marcos Mobile Estates HOA.
PUBLIC HEARINGS
PUBLIC HEARING #2 FOR REDRAWING OF SAN MARCOS CITY COUNCIL MEMBER DISTRICT BOUNDARIES. Received a report from staff and the City’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and conducted a public hearing to receive input on district boundaries.
SCOTT SMITH, CITY’S REDISTRICTING CONSULTANT, presented a report on redistricting process and data.
COUNCILMEMBER DISCUSSION INCLUDED: clarification on the timeline to accept the updated maps and minority majority voting district possibilities.
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE TO CLOSE PUBLIC HEARING #2.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
URGENCY ORDINANCE NO. 2021-1510; ORDINANCE NO. 2021-1511 AND RESOLUTION NO. 2021-8965 - SB 9 LOCAL IMPLEMENTATION AND TEXT AMENDMENT TA21-0004; SAN MARCOS MUNICIPAL CODE UPDATE. Adopted Statutory Exemption EX 21‑029; adopted an urgency ordinance amending Title 20, Chapters 20.215, 20.300, and 20.600, and adding Chapter 20.470, and Title 19 adding Chapter 19.44, of the San Marcos Municipal Code to conform with the requirements of the 2021/2022 State Housing Legislation regarding two‑unit residential development and urban lot splits; introduced a non‑urgency ordinance amending Title 20, Chapters 20.215, 20.300, and 20.600, and adding Chapter 20.470, and Title 19, adding Chapter 19.44, of the San Marcos Municipal Code to conform with the requirements of the 2021/2022 State Housing Legislation regarding two‑unit residential development and urban lot splits; and adopted a resolution adopting objective standards for two‑unit residential development and urban lot splits.
JOE FARACE, PLANNING DIVISION DIRECTOR, presented the staff report.
COUNCILMEMBER DISCUSSION INCLUDED: clarification on lot splits and ADU requirements, the owner occupancy affidavit requirements, and CFD applications to new ADU units and homes.
MOVED BY COUNCILMEMBER MUSGROVE, SECONDED BY DEPUTY MAYOR JENKINS TO CLOSE THE PUBLIC HEARING.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOVED BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER WALTON TO APPROVE ALL ACTIONS.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORDINANCE NO. 2021-1512 – TEXT AMENDMENT TA21-0002; ZONING ORDINANCE UPDATE PERMIT STREAMLINING. Introduced an ordinance approving updates to the Zoning Ordinance/Title 20 to streamline certain review processes and find the project to be within the scope of the previously certified Program EIR (SCH No.2011071028).
SAIMA QURESHY, PRINCIPLE PLANNER, presented the staff report.
COUNCILMEMBER DISCUSSION INCLUDED: clarification on differences between CUP and DP projects, and a question as to loss of revenue/cost savings to implement these process updates.
MOVED BY MAYOR JONES, SECONDED BY DEPUTY MAYOR JENKINS TO CLOSE THE PUBLIC HEARING.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOVED BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER NUÑEZ TO INTRODUCE THE ORDINANCE.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION NO. 2021-8966 AND 2021-8967 – AMENDING RESOLUTION NO. 2021-8945; AND ANNEXATION NO. 142, F-58 TO COMMUNITY FACILITIES DISTRICT 98-02 FOR LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE (CFD NO. 98-02) IMPROVEMENT AREA F-58 PUBLIC HEARING. Adopted a resolution amending Resolution No. 2021‑8945 and a resolution declaring the annexation of territory to CFD 98‑02 Improvement Area F‑58 and authorizing submittal of levy of special taxes to the qualified electors.
JACK GRIFFIN, CITY MANAGER, presented the staff report.
MOVED BY MAYOR JONES, SECONDED BY DEPUTY MAYOR JENKINS TO CLOSE THE PUBLIC HEARING.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOVED BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER WALTON TO ADOPT THE RESOLUTIONS.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
NEW BUSINESS
RESOLUTION NO. 2021-8956 OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO REPRESENT THE CITY OF SAN MARCOS ON THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE). Adopted resolution appointing a Member and an Alternate Member to represent the City of San Marcos on the Board of Directors of the Clean Energy Alliance. REMOVED FROM THE CONSENT CALENDAR.
MAYOR JONES pulled this item from the consent calendar to nominate Councilmember Musgrove as Member and Councilmember Walton as Alternate Member.
MOVED BY MAYOR JONES, SECONDED BY DEPUTY MAYOR JENKINS TO ADOPT THE RESOLUTION.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, NUÑEZ, WALTON NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION NO. 2021-8968 – THE CITY COUNCIL OF THE CITY OF SAN MARCOS EXPRESSING SUPPORT FOR THE “BRAND HUANG MENDOZA TRIPARTISAN LAND USE INITIATIVE” TO AMEND ARTICLE XI OF THE CONSTITUTION OF THE STATE OF CALIFORNIA TO MAKE ZONING AND LAND USE COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST. Adopted resolution.
COUNCILMEMBER DISCUSSION INCLUDED: status of proposed ballot measure and applicability of the future ballot measure on affordable housing.
MOVED BY DEPUTY MAYOR JENKINS, SECONDED BY MAYOR JONES TO ADOPT THE RESOLUTION.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE
NOES: COUNCILMEMBERS: NUÑEZ, WALTON
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION NO. 2021-8969 - NAMING THE TRAIL THAT TRAVERSES THE PERIMETER OF DISCOVERY LAKE AS “GRATITUDE TRAIL, IN MEMORY OF ARIS KESHISHIAN”. Adopted resolution naming the trail around Discovery Lake "Gratitude Trail in memory of Aris Keshishian." COUNCILMEMBER DISCUSSION INCLUDED: clarification as to the applicability of the Public Facilities Naming Policy and the need for updates to the policy.
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER WALTON TO ADOPT THE RESOLUTION.
AYES: COUNCILMEMBERS: JENKINS, JONES, MUSGROVE, WALTON NOES: COUNCILMEMBERS: NUÑEZ
ABSENT: COUNCILMEMBERS: NONE
ORAL COMMUNICATIONS (Continued)
There were no more public comments.
REPORTS (Including AB 1234 Reporting Requirements)
SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT – MAYOR JONES. Report given with no action taken.
LEAGUE OF CALIFORNIA CITIES REPORT – COUNCILMEMBER NUÑEZ. No report.
NORTH COUNTY TRANSIT DISTRICT REPORT – DEPUTY MAYOR JENKINS. Report given with no action taken.
NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT - COUNCILMEMBER WALTON. Report given with no action taken.
SAN MARCOS CREEK PROJECT UPDATE – CITY MANAGER GRIFFIN. Report given with no action taken.
CITY COUNCIL BUSINESS VISITS – Mayor Jones and Councilmember Musgrove visited BioLife Plasma Services. Report given with no action taken.
COUNCIL COMMENTARY
None.
ADJOURNMENT
MAYOR JONES adjourned the meeting at 9:06 PM.
________________________________
REBECCA D. JONES, MAYOR
CITY OF SAN MARCOS
ATTEST:
______________________________
PHILLIP SCOLLICK, CITY CLERK
CITY OF SAN MARCOS
Regular City C Regular City Council/Special City of San Marcos As Successor Agency to the San Marcos Redevelopment Agency/Special City of San Marcos As Successor Housing Agency to the San Marcos Redevelopment Agency/Regular Fire Protection District/ Special Public Financing Authority/ Regular San Marcos Public Facilities Authority Meetings Tuesday, December 14 | Page PAGE 8 of NUMPAGES \* ARABIC 9