RESOLUTION NO. 2022-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN MARCOS APPROVING THE AMENDED AND
RESTATED SOUTH LAKE LEASE AGREEMENT
BETWEEN THE VALLECITOS WATER DISTRICT AND
THE CITY OF SAN MARCOS, AND FINDING THAT ENTRY
INTO SAID LEASE AGRE EMENT IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Marcos (City) is desirous of expanding the recreational and parks facilities available to area residents; and WHEREAS, in 2005 the City entered into a lease with Va llecitos Water District (VWD) for use of VWD’s South Lake property (South Lake) for public recreational uses, and since that date has engaged in discussions with VWD regarding the scope and extent of recreational use to be permitted at the South Lake site; and WHEREAS, VWD provided a document amending and restating the 2005 lease for review and comment by the City; and
WHEREAS, on November 2, 20 22, the VWD Board of Directors considered an Amended and Restated South Lake Lease Agreement , and approved VWD ’s entry into the same; and
WHEREAS, staff has reviewed said Amended and Restated South Lake Lease Agreement, which sets the terms and provisions for public recreational use of the South Lake site for a term which commenced on August 5, 2005, which terms include, but are not limited to, the delineat ion of areas approved f or public entry and those which are not, the identification of biologically sensitive areas, the installation of fencing and the implementation of associated security measures, the sharing of costs for water quality Resolution No. 2022-XXXX
treatment, and provisions relating to any future improvements and financing mechanisms, and recommends that the City Council approve entry into the same; and WHEREAS, th e amendment of the existing South Lake Lease Agreement and implementation of the same will result only in the addition of security fencing, signage, and a porta ble restroom facility at the South Lake property, and will therefore not have the potential for causing a significant effect on the environment, and is therefore exempt from environmental review; and
WHEREAS, the City Council has reviewed and considered the Amended and Restated South Lake Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of t he City of San Marcos does hereby find and decree that:
1. The Amended and Restated South Lake Lease Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), as i t can be seen with certainty that ther e is no possibility that the proposed Amended and Restated South Lake Lease Agreement will have a significant effect on the environment, as entry into and implementation of the same will result only in the installation of security fencing, signage, and a portable restroom. The proposed A mended and Restated South Lake Lease Agreement is covered by the commonsense exemption that CEQA be applied only to projects which have the potential for causing a significant effect on the environment, and this action is not subject to CEQA; and Resolution No. 2022-XXXX
2. The Amended and Restated South Lake Lease A greement is hereby approved , and the City Manager and City Attorney are authorized to finalize and execute the same.
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS at a regular meeting held on the 13th day of December, 2022, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMENBERS:
______________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
City of San Marcos