City of San Marcos 1 Civic Center Drive
San Marcos, CA 92069
Tuesday, September 26, 2023
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
City Council Chambers
6 PM
City Council Regular Agenda
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.
September 26, 2023City Council Regular Agenda
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
PROCLAMATIONS AND PRESENTATIONS
A. Proclaim Hispanic Heritage Month
B. Fire Department Badge Pinning Ceremony
CONSENT CALENDAR
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. 23-22151.
Recommendation: WAIVE
APPROVAL OF MINUTES23-22162.
Recommendation: APPROVE the minutes of a regular City Council meeting on September 12, 2023. 09-12-23RAttachments:
APPROVAL OF WARRANTS23-22173.
Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated September 2023.
WARRANTSAttachments:
September 26, 2023City Council Regular Agenda
RESOLUTION NO. 2023-9210 - AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH SAN DIEGO COUNTY AND OTHER
MUNICIPAL CO-PERMITTEES REGARDING THE SHARING OF
COSTS AND EXPENSES RELATED TO OR ARISING FROM
MATTERS BEFORE THE CALIFORNIA COMMISSION ON STATE
MANDATES CONCERNING THE 2007 SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD MUNICIPAL SEPARATE
STORM SEWER SYSTEM PERMIT
TMP-19814.
Recommendation: ADOPT resolution authorizing the Acting City Manager and the City Attorney to execute a Memorandum of Understanding regarding the sharing of Costs and expenses related to or arising from matters before the California Commission on State Mandates concerning the 2007 San Diego Regional Water Quality Control Board Municipal Separate Storm Sewer System Permit.
Council Resolution - 2023 State Mandates MOU 08302023
Draft San Diego Mandates MOU 08282023
MOU - Stormwater Mandates Claim - Executed - 07282007
Attachments:
RESOLUTIONS NO. 2023-9211, 2023-9212 & 2023-9213 -
ORDERING THE SUMMARY VACATION AND ABANDONMENT OF
PUBLIC RIGHT-OF-WAY FOR A PORTION OF DIAMOND STREET
AND DRAINAGE EASEMENTS, ALL WITHIN THE BOUNDARY OF
TENTATIVE PARCEL MAP 20-0001 FOR THE DIAMOND STREET
INDUSTRIAL PROJECT
TMP-19835.
Recommendation: ADOPT and APPROVE the following, in the order set forth below, as recommended by the Planning Commission:
1. ADOPT Categorical Exemption EX23-055 per CEQA Section 15305, Class V (Minor Alterations in Land Use Limitations); and
2. APPROVE Resolution 2023-9211 (VAC23-0014) ordering the summary vacation and abandonment of public right-of-way for a portion of Diamond Street; and
3. APPROVE Resolutions 2023-9212 (VAC23-0015) and 2023-9213 (VAC23-0016) ordering the summary vacation and abandonment of drainage easements granted by Final Map 12781 recorded on February 21, 1991.
Attachment 1 Aerial Easement Exhibit
Attachment 2 Plat of Public Street Vacation for Portion of Diamond Street Attachment 3 Plat of Public Drainage Easement Vacations Attachment 4 Resolution VAC23-0014
Attachment 4 Resolution VAC23-0014 Exhibit A
Attachment 5 Resolution VAC23-0015
Attachment 5 Resolution VAC23-0015 Exhibit A
Attachment 6 Resolution VAC23-0016
Attachment 6 Resolution VAC23-0016 Exhibit A
Attachments:
September 26, 2023City Council Regular Agenda
PROGRAM YEAR 2022-2023 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING
TMP-19876.
Recommendation: NOTE and FILE.
PY 2022 CAPER DRAFTAttachments:
RESOLUTION NO. 2023-9214 - CARRY-OVER OF FISCAL YEAR
2022-23 APPROPRIATIONS INTO FISCAL YEAR 2023-24
TMP-19867.
Recommendation: ADOPT a resolution approving the carry-over of appropriations from Fiscal Year 2022-23 to Fiscal Year 2023-24.
Attachment 1 - Resolution 2023-9214
Exhibit A- Fiscal Year 2022-23 Budget Carryover Detail
Attachments:
RESOLUTION NO. 2023-9215 - AWARDING A CONTRACT FOR
EDIBLE FOOD RECOVERY PROGRAM MANAGEMENT AND
RELATED SERVICES TO SOLANA CENTER FOR
ENVIRONMENTAL JUSTICE, AND DELEGATING TO AND
AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE
THE SAME
TMP-19858.
Recommendation: ADOPT a resolution awarding a five-year contract to Solana Center for Environmental Justice in an amount not to exceed $550,000, and delegating to and authorizing the City Manager to finalize and execute the same.
ResolutionAttachments:
RESOLUTION NO. 2023-9216 - ORDERING THE SUMMARY
VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR
A PORTION OF FORMER DISCOVERY STREET WITHIN THE
BOUNDARY OF TENTATIVE SUBDIVISION MAP 19-0002 FOR THE
NORTH CITY WEST PROJECT
TMP-19849.
Recommendation: APPROVE resolution ordering the summary vacation and abandonment of public right-of-way for a portion of former Discovery Street within the boundary of Tentative Subdivision Map 19-0002 for the North City West project (VAC23-0017).
Attachment 1 Aerial Easement Exhibit
Attachment 2 Resolution VAC23-0017
Attachment 2 Resolution VAC23-0017 Exhibit A & B
Attachments:
RESOLUTION NO. 2023-9217 - AUTHORIZATION TO TAKE THE
NECESSARY ACTIONS AND TO FORECLOSE ON DELINQUENT
SPECIAL TAX LIENS
TMP-198010.
Recommendation: ADOPT a resolution authorizing the City Manager and City Attorney to take the necessary actions and to foreclose on property owners that are delinquent in the payment of Community Facilities District (CFD) special taxes.
Reso - CFD - Ordering Foreclosure (2023) FINAL
Exhibit A (for Reso - CFD - Ordering Foreclosure (2023) FINAL Attachments:
September 26, 2023City Council Regular Agenda
ORAL COMMUNICATIONS
Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided.
NEW BUSINESS
ORDINANCE NO. 2023-1535 - MODIFYING CHAPTER 5.54
(CANNABIS/MARIJUANA) OF THE SAN MARCOS MUNICIPAL
CODE TO PERMIT MEDICINAL CANNABIS DELIVERY IN
COMPLIANCE WITH SB 1186
TMP-196311.
Recommendation: INTRODUCE (First Reading) an ordinance to modify San Marcos Municipal Code Chapter 5.54 (Cannabis/Marijuana) to permit medicinal cannabis delivery in compliance with SB 1186.
Cannabis Ord - Medicinal Marijuana Delivery 08172023
Exhibit A to Cannabis Ordinance re Medicinal Marijuana Delivery 08172023 Screenshots
Attachments:
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)
SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR
JONES)
23-219812.
Recommendation: Note and File
LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER
MUSGROVE)
23-221013.
Recommendation: Note and File
NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR
JENKINS)
23-221114.
Recommendation: Note and File.
NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY
REPORT (COUNCILMEMBER NUÑEZ)
23-221215.
Recommendation: Note and File
CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER
MUSGROVE)
23-221816.
Recommendation: Note and File
CITY COUNCIL BUSINESS VISITS23-221317.
Recommendation: Note and File
September 26, 2023City Council Regular Agenda
SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER)23-221418.
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 SEPTEMBER 22, 2023, 5:30 P.M.
DATE: SEPTEMBER 22, 2023
PHILLIP SCOLLICK, CITY CLERK