MINUTES
Regular Meeting of the San Marcos City Council
Tuesday, July 09, 2024
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 Mayor Jones
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 Olinger Chavez, City Clerk Scollick and interpretation services by OC Interpreting Agency.
CONSENT CALENDAR:
MOVED TO APPROVE THE CONSENT CALENDAR BY COUNCILMEMBER SANNELLA, SECONDED BY COUNCILMEMBER MUSGROVE AND UNANIMOUSLY APPROVED.
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 a City Council special and regular meetings on June 25, 2024.
APPROVAL OF WARRANTS. Approved City Council, Successor Agency, and Fire Protection District warrants dated July 2024.
NEW BUSINESS
RESOLUTION NO. 2024-9321 UPDATE TO FULL TIME CLASSIFICATION AND COMPENSATION SCHEDULE. Adopted a resolution approving an updated Full Time Classification and Compensation schedule.
Michelle Bender, City Manager, presented the staff report.
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE TO ADOPT RESOLUTION NO. 2024-9321.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION NO. 2024-9322 - PLACING A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT TO ESTABLISH A 1 PERCENT GENERAL TRANSACTIONS AND USE (SALES) TAX. Adopted the following:
Ordinance of the City of San Marcos amending Title 3, adding Chapter 3.22 of the San Marcos Municipal Code to establish a temporary one cent general transactions and use tax to be administered by the California Department of Tax and Fee Administration. (First Reading) (4/5 vote required) Resolution of the City Council of the City of San Marcos amending Resolution No. 2024-9511 and calling for the placement of a general tax measure on the ballot for the November 5, 2024 General Municipal Election for the submission to the qualified voters of an ordinance to enact a General Transactions and Use Tax at the rate of one percent (1%) (4/5 vote required).
Michelle Bender, City Manager, presented the staff report.
PUBLIC COMMENTS INCLUDED:
The following public comments were made in support of placing a general tax measure on the November 5, 2024 General Municipal Election ballot:
Jordan Abeel, Prof. Fire Assoc. President
Matt Simmons
Gena Simmons*
Rod Jones
Steve Gilman, International Assoc. of Fire Fighters
Zoee Simmons*
Erik Bruvold
Paula Rucinske
Ava Simmons*
Rick Rungaitis, Chamber of Commerce President.
Kathy Steel
Emad Elias
Arcela Nuñez
Dylan deBie
Angelica Santiago, Universidad Popular
Erin Harper
Cathy Baur, Boys & Girls Club Pres.
Bryant Rumbaugh
Benjamin Nazerian, Deputy Sheriffs’ Assoc
Chris Lorentzen, SMCMEA Employee Assoc. Pres.
Lindsey Smith
Lisa Stout
Thomas Karam
Jay Petrek, Safe and Strong San Marcos
Lionel A. Saulsberry
Kelley Simmons*
Beckie Garrett
Jason Simmons
Morgan Simmons*
Chris Freeman, Budget Review Committee
Darrell Roberts, CA Prof. Firefighters Assoc.
Emma Simmons*
Michael McDonald
Hayden Simmons*
*Submitted written statement but did not speak.
Written comments were received by Kathleen Smith, Budget Review Committee, and Kathryn Gray in support of placing the measure on the ballot.
COUNCILMEMBER DISCUSSION INCLUDED: oversight committee to ensure money is used for the betterment of San Marcos, continuation of cuts having an impact on quality of life in the City, and clarification on councilmember involvement after the resolution is passed.
MOVED BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER SANNELLA TO ADOPT RESOLUTION NO. 2024-9322.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORAL COMMUNICATIONS
Warshan Ismaeil provided comment on the conflict in the Middle East.
Alejandra Coronado provided comment on the conflict in the Middle East.
Kristina provided comment on the conflict in the Middle East.
Bryant Rumbaugh expressed the need to take money out of politics.
PUBLIC HEARINGS
ORDINANCE NO. 2024-1544 - ORDINANCE REPEALING AND REPLACING MUNICIPAL CODE TITLE 12 REGARDING MOTOR VEHICLES AND TRAFFIC. Introduced (first reading) Ordinance repealing and replacing the existing Municipal Code Title 12 titled Motor Vehicles and Traffic.
Stephanie Kellar, Deputy City Engineer, presented the staff report.
PUBLIC COMMENTS INCLUDED: No public comments.
COUNCILMEMBER DISCUSSION INCLUDED: a potential bike safety program being offered by the Sheriff’s Office, clarification on timeline of enforcement, clarification on the goal being to educate and modify behavior, and modification of wording on 12.12.070 Unauthorized Painting of Curbs being changed to excluded rather than included in regard to curb house numbers.
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE TO CLOSE THE PUBLIC HEARING.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE TO INTRODUCE THE ORDINANCE AS amended to include changes to Municipal Code Title 12, section 12.12.070.….
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORDINANCE NO. 2024-1545 - APPROVING AN ENGINEERING AND TRAFFIC SURVEY AND ESTABLISHING PRIMA FACIE SPEED LIMITS FOR SPECIFIED CITY STREETS AND AMENDING THE CITY OF SAN MARCOS TRAFFIC SCHEDULE FOR SPEED ZONES PER SAN MARCOS MUNICIPAL CODE SECTION 12.04.020. Introduced (first reading) Ordinance approving an engineering and traffic survey and establishing prima facie speed limits on specified City streets and amending the City of San Marcos traffic schedule for speed zones per San Marcos Municipal Code Section 12.04.020.
Edd Alberto, City Traffic Engineer, presented the staff report.
COUNCILMEMBER DISCUSSION INCLUDED: clarification on reasoning for survey being for law enforcement to be able to issue citations based on radar and clarification on survey providing defensible situation when writing citations.
PUBLIC COMMENTS INCLUDED:
Bryant Rumbaugh expressed his concern with regulations disincentivizing driving.
MOVED BY COUNCILMEMBER SANNELLA, SECONDED BY COUNCILMEMBER MUSGROVE TO CLOSE THE PUBLIC HEARING.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE TO INTRODUCE THE ORDINANCE.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORDINANCE NO. 2024-1546, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, ADDING CHAPTER 10.33 TO THE SAN MARCOS MUNICIPAL CODE PERTAINING TO ENCAMPMENTS ON CITY PROPERTY, AND AMENDING SAN MARCOS MUNICIPAL CODE SECTION 9.04.070. Introduced (First Reading) Ordinance 2024 - 1546, an Ordinance adding Chapter 10.33 to the San Marcos Municipal Code pertaining to encampments on City property, and amending Section 9.04.070 ("Recreational Activities").
Jill Maland, Assistant City Attorney, presented the staff report.
PUBLIC COMMENTS INCLUDED:
Kathy Steel provided a written statement expressing opposition to the proposed ordinance.
Justin Gans spoke in opposition of the proposed ordinance.
Tracy Gans spoke in opposition of the proposed ordinance.
Emily Mahmoud spoke in opposition of the proposed ordinance and expressed concerns over criminalizing homelessness.
Angelina spoke in opposition of the proposed ordinance and expressed concerns over criminalizing homelessness.
Warshan Ismaeil spoke in opposition of the proposed ordinance and expressed concerns over criminalizing homelessness.
Carol Gendel spoke in opposition of the proposed ordinance and expressed the need for a homeless shelter in the city.
Bryant Rumbaugh provided comment on the proposed ordinance.
Angelica Santiago spoke in opposition of the proposed ordinance.
Georgina Najera, Universidad Popular, spoke in opposition of the proposed ordinance and expressed concerns over enough resources not being provided for the unhoused.
Written comments were received by Samuel Tsoi, Alliance Sen Diego, in opposition of the proposed ordinance and by Cheryl Brown in support of the proposed ordinance.
COUNCILMEMBER DISCUSSION INCLUDED: clarification on level of enforcement issuance being a misdemeanor, clarification of recent supreme court decisions on encampment enforcement, city obligated to store the property removed from any encampments during clean-up, code update does not apply to private property, environmental issues caused by encampments, and enforcement pertaining to conduct.
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER SANNELLA TO CLOSE THE PUBLIC HEARING.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOVED BY MAYOR JONES, SECONDED BY COUNCILMEMBER SANNELLA TO INTRODUCE THE ORDINANCE.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NUÑEZ
ABSENT: COUNCILMEMBERS: NONE
ORAL COMMUNICATIONS – CONTINUED
No public comments.
REPORTS (Including AB 1234 Reporting Requirements)
SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT – MAYOR JONES. No report given.
LEAGUE OF CALIFORNIA CITIES REPORT – COUNCILMEMBER MUSGROVE. No report given.
NORTH COUNTY TRANSIT DISTRICT REPORT – DEPUTY MAYOR JENKINS. No report given.
NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT – COUNCILMEMBER NUÑEZ. No report given.
CLEAN ENERGY ALLIANCE REPORT – COUNCILMEMBER MUSGROVE. Report given with no action taken.
CITY COUNCIL BUSINESS VISITS – COUNCILMEMBER MUSGROVE AND COUNCILMEMBER SANNELLA. Visited Gillco Ingredients, an Azelis Company. Report given with no action taken.
SAN MARCOS CREEK PROJECT UPDATE – CITY MANAGER BENDER. Report given with no action taken.
COUNCIL COMMENTARY
Mayor Jones discussed the Fourth of July event held by the City of San Marcos and commended City staff for their work at the event.
ADJOURNMENT
MAYOR JONES adjourned the meeting at 9:45 pm.
________________________________
REBECCA D. JONES, MAYOR
CITY OF SAN MARCOS
ATTEST:
______________________________
PHILLIP SCOLLICK, CITY CLERK
CITY OF SAN MARCOS
Regular City C Regular City Council
Tuesday, July 09, 2024 | Page 3 of 7