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12-12-23R

San Marcos City Council
January 9, 2024

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12-12-23R
Meeting
January 9, 2024
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San Marcos City Council
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MINUTES
Regular Meeting of the San Marcos City Council

TUESDAY, DECEMBER 12, 2023
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 PM.

PLEDGE OF ALLEGIANCE: Led by Councilmember Sannella.

INVOCATION: Led by Mayor Jones.

ROLL CALL:

PRESENT: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: City Manager Bender, City Attorney Peak, Deputy City Clerk Jackson, and City Clerk Scollick.

PROCLAMATIONS AND PRESENTATIONS:

Presented the San Marcos High School Football Team with certificates of recognition.

CONSENT CALENDAR:

MOVED TO APPROVE CONSENT CALENDAR BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER SANNELLA.

AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA 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 regular City Council meetings on November 14, 2023.

APPROVAL OF WARRANTS. Approved City Council, Successor Agency, and Fire Protection District warrants dated November and December 2023.

RESOLUTION NO. 2023-9248 – CANCELLATION OF DECEMBER 26, 2023, REGULAR CITY COUNCIL MEETING. Adopted resolution cancelling the December 26, 2023, regular City Council meeting.

ORDINANCE NO. 2023-1539 – SECOND READING OF ORDINANCE CODIFYING THE TRANSPORTATION DEMAND MANAGEMENT AND AMENDING TITLE 20, CHAPTER 20.340 OF THE SAN MARCOS MUNICIPAL CODE, ADDING CHAPTER 20.350 TO TITLE 20, AND REMOVING CHAPTER 12.36 FROM TITLE 12. Adopted (second reading) of Ordinance approving the Transportation Demand Management (TA22-0002) to amend Chapter 20.340, insert Chapter 20.350 and remove Chapter 12.36 from the San Marcos Municipal Code (SMMC).

RESOLUTION NO. 2023-9249 – AFFIRMING THE CITY’S ANNUAL INVESTMENT POLICY. Adopted resolution affirming the City’s annual investment policy.

RESOLUTION NO. 2023-9250 – ADOPTING THE FISCAL YEAR 2022-23 PUBLIC FACILITIES FEES ANNUAL REPORT FINDINGS. Adopted the FY2022-23 public facilities fees annual report findings resolution, as required by the applicable California Government Code.

RESOLUTION NO. 2023-9251 – AMENDING THE MEMBERSHIP OF THE BUDGET REVIEW COMMITTEE TO INCLUDE AN ADDITIONAL ALTERNATE POSITION. Amended the membership of the Budget Review Committee to include an additional alternate position.

RESOLUTION NO. 2023-9254 – APPROVING CONSTRUCTION DOCUMENTS, AUTHORIZING ADVERTISEMENT FOR BID, AND DELEGATING AUTHORITY TO THE CITY MANAGER TO AWARD, FINALIZE, AND EXECUTE THE CONSTRUCTION CONTRACT DOCUMENTS FOR THE CLARIFIER REPLACEMENT PROJECT (CIP #FC014), AND FURTHER DELEGATING AUTHORITY TO THE CITY MANAGER TO ENTER INTO THE REIMBURSEMENT AGREEMENT OR ACCEPT FUNDS, AS APPLICABLE, FROM SAN MARCOS UNIFIED SCHOOL DISTRICT FOR COST-SHARING THE PROJECT. Adopted a resolution approving the construction documents for the Clarifier Replacement Project (CIP #FC014) and delegating authority to the City Manager to negotiate, finalize, and execute all material and construction contracts, and to enter into reimbursement agreement or accept funds from San Marcos Unified School District to share the cost of the project.

ORAL COMMUNICATIONS
Frank Petrolia, President of Capalina HOA for the El Dorado Mobile Home Park, addressed the notification of rent increase.

Ellen Amburgey, resident of El Dorado Mobile Home Park, addressed the notice of rent increase.

Richard Raminski, resident of El Dorado Mobile Home Park expressed lack of upkeep and notice of rent increase.

Michael Duncan, resident of El Dorado Mobile Home Park, addressed park issues.

Rick, resident of El Dorado Mobile Home Park, expressed concerns about the property tax amount.

John Mosher, resident of San Marcos Mobile Home Estates, expressed concern of the CPI increase and maintenance issue at the park.

Phil Perry, resident of El Dorado Mobile Home Park, expressed concerns about the property tax amount.

John Yobaccio, resident of El Dorado Mobile Home Park, expressed concern of the CPI increase and maintenance issue at the park.

Marlene Walder, resident of San Marcos Mobile Home Estates, expressed concerns that the owner has not fixed the pool and other issues within the park.

NEW BUSINESS
RESOLUTION NOS. 2023-9252 & 2023-9253 – ADOPT PART TIME AND FULL TIME CLASSIFICATION AND COMPENSATION SCHEDULES. Adopted resolutions approving both the Part Time and Full Time Classification and Compensation schedules.

MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER NUÑEZ TO APPROVE RESOLUTIONS 2023-9252 AND 2023-9253.

AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE

PUBLIC HEARING
RESTAURANT ROW SPECIFIC PLAN – MITIGATED NEGATIVE DECLARATION (ND)23-011, SPECIFIC PLAN (SP)22-0004. GENERAL PLAN AMENDMENT (GPA)22-0002, REZONE (R)22-0002, TENTATIVE SUBDIVISION MAP (TSM)22-0003, SITE DEVELOPMENT PLANS (SDP)22-0006 (PRIVATE DEVELOPMENT), AND SDP23-0004 (PUBLIC PARK).

PLANNING DIRECTOR FARACE, SENIOR PLANNER DEL SOLAR, AND DEVELOPMENT SERVICES DIRECTOR / CITY ENGINEER ETCHAMENDY presented the staff reports.

RYAN GREEN, LENNAR SAN DIEGO DIVISION PRESIDENT gave the applicant presentation.

ORAL COMMUNICATIONS - CONTINUED
Ray Stainback, owner of Palomar Institute of Cosmetology, expressed support for the project Restaurant Row.

John Butler, co-owner of Fish House Vera Cruz, opposed the project Restaurant Row because of the parking issues.

Beckie Garrett, Pickleball proponent expressed support of the project and pickleball courts planned for the new park.

Steve Kildoo, expressed support for the project Restaurant Row.

Nancy Apprill, expressed support for the Restaurant Row project.

Sierra Nevada, expressed excitement for the park and the Restaurant Row project.

Nichole Hess, expressed support for the Restaurant Row project.

Erik Bruvold, expressed support for the project Restaurant Row.

Steve Wilson, legal counsel for Fish House Vera Cruz, opposed the parking issues and other development plans.

Raphael DiBianco, resident and employee of Lennar, expressed support for Lennar and the Restaurant Row project.

Story Monforte, co-owner of Cocina del Charo, indicated an agreement has been reached with Lennar regarding the parking and expressed his support for the Restaurant Row project.

Erin Harper, owner of Ascend, expressed support for the Restaurant Row project.

John Shokohi, expressed support for the project.

Marlene Walder, opposes the project due to the proposed project not having enough parking spaces for the residents, guests, and visitors to the park and restaurants.

Darren Levitt, expressed his support for the Restaurant Row project.

Gary Levitt, expressed support for the Restaurant Row project.

Carol Gendel, expressed support for the Restaurant Row project.

CITY COUNCIL DISCUSSION INCLUDED: use of the Affordable Housing in lieu fee; rolling plaza (all wheeled portable items (scooters/skates) can use the “skate park”); shelter installation for existing bus stop; signs identifying certain trees and historical items in the park; changes to San Marcos Blvd.; electric vehicle charging stations; handicap parking availability in residential and retail areas; development features of the project; resident feedback on park design; homeowner disclosure regarding pickleball courts, park, and nearby businesses; and clarification of shared parking agreements and easements.

MOVED TO CLOSE PUBLIC HEARING BY MAYOR JONES, SECONDED BY COUNCILMEMBER JENKINS.

AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE TO APPROVE ACTIONS RELATED TO THE PROJECT.

AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORAL COMMUNICATIONS – CONTINUED
Marlene Walder, expressed concern on rising costs of rent and utilities for people on fixed incomes.

REPORTS (Including AB 1234 Reporting Requirements)
SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT – COUNCILMEMBER MUSGROVE. Report given. No action taken.

LEAGUE OF CALIFORNIA CITIES REPORT – COUNCILMEMBER MUSGROVE. Report given. No action taken.

NORTH COUNTY TRANSIT DISTRICT REPORT – COUNCILMEMBER NUÑEZ AND DEPUTY MAYOR JENKINS. Report given. No action taken.

NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT – COUNCILMEMBER NUÑEZ. Report given. No action taken.

CLEAN ENERGY ALLIANCE REPORT – COUNCILMEMBER MUSGROVE. Report given. No action taken.

CITY COUNCIL BUSINESS VISITS – COUNCILMEMBER SANNELLA and COUNCILMEMBER NUÑEZ visited Artificial Grass Liquidators. Report given. No action taken.

SAN MARCOS CREEK PROJECT UPDATE – CITY MANAGER MICHELLE BENDER. Report given. No action taken.

COUNCIL COMMENTARY
Councilmember Musgrove did a ribbon cutting for Dynamic Ability Pediatric facility.

Mayor Jones announced that the next council meeting will be in 2024 and wished everyone a safe and wonderful holiday.

ADJOURNMENT
MAYOR JONES adjourned the meeting at 9:15 p.m.
________________________________
REBECCA D. JONES, MAYOR

CITY OF SAN MARCOS
ATTEST:
______________________________

PHILLIP SCOLLICK, CITY CLERK

CITY OF SAN MARCOS
Regular City C Regular City Council
Tuesday, December 12, 2023 | Page 5 of 5

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