MINUTES
Regular Meeting of the San Marcos City Council
Tuesday, July 23, 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 6:02 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.
PROCLAMATIONS AND PRESENTATIONS:
MAYOR JONES ANNOUNCED THAT PRESENTATION RECIPIENTS WERE UNABLE TO ATTEND THE MEETING.
SMILE Award - Councilmember Sannella
Proclaim The Civility Pledge
CONSENT CALENDAR:
MOVED TO APPROVE THE CONSENT CALENDAR BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE, EXCEPT ITEM #7 WHICH WAS REMOVED BY COUNCILMEMBER NUÑEZ AND ITEM #12 WAS REMOVED BY MAYOR JONES FOR FURTHER DISCUSSION.
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 City Council special meeting on July 02, 2024 and regular meeting on July 9, 2024.
APPROVAL OF WARRANTS. Approved City Council, Successor Agency, and Fire Protection District warrants dated July 2024.
RESOLUTION NO. 2024-9327 - CANCELLATION OF THE AUGUST 13, 2024 & AUGUST 27, 2024 REGULAR CITY COUNCIL MEETINGS. Adopted a resolution canceling the August 13, 2024 and August 27, 2024 regular City Council meetings.
ORDINANCE NO. 2024-1544 - SECOND READING OF ORDINANCE REPEALING AND REPLACING MUNICIPAL CODE TITLE 12 (MOTOR VEHICLES AND TRAFFIC). Adopted (second reading) Ordinance 2024 1544, repealing and replacing existing San Marcos Municipal Code Title 12 (Motor Vehicles and Traffic).
ORDINANCE NO. 2024-1545 - SECOND READING OF ORDINANCE 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. Adopted (second 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.
ORDINANCE NO. 2024-1546 - SECOND READING OF ORDINANCE ADDING CHAPTER 10.33 TO THE SAN MARCOS MUNICIPAL CODE (ENCAMPMENTS ON CITY PROPERTY), AND AMENDING SAN MARCOS MUNICIPAL CODE SECTION 9.04.070 (RECREATIONAL ACTIVITIES). Adopt (second reading) Ordinance 2024 1546, adding Chapter 10.33 to the San Marcos Municipal Code (Encampments on City Property), and amending Section 9.04.070 (Recreational Activities). REMOVED FROM CONSENT CALENDAR.
RESOLUTION NO. 2024-9328 - AUTHORIZING THE ACCEPTANCE OF FISCAL YEAR (FY) 2023 URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM FUNDS. Adopted a resolution authorizing the acceptance of Fiscal Year (FY) 23 Urban Area Security Initiative (UASI) grant program funds, delegating authority to the City Manager to finalize and implement the same, and authorizing a budget amendment to the FY 24-25 operating budget.
RESOLUTION NO. 2024-9329 - AUTHORIZING THE ACCEPTANCE OF FISCAL YEAR (FY) 2023 STATE HOMELAND SECURITY GRANT PROGRAM (SHSP) FUNDS. Adopted a resolution authorizing the acceptance of Fiscal Year (FY) 23 State Homeland Security Grant Program (SHSP) funds and authorizing a budget amendment to the FY 24-25 operating budget.
RESOLUTION NO. 2024-9330 - APPROVE AN AUTOMATIC RENEWAL OF THE COOPERATIVE AGREEMENT TO FORM A HOME CONSORTIUM. Adopted a resolution approving the automatic renewal of the existing Cooperative Agreement to Form a Home Consortium (Cooperative Agreement).
RESOLUTION NO. 2024-9331 - APPROVING AN AMENDMENT TO THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM BUDGET TO ADD A NEW CAPITAL IMPROVEMENT PROJECT FOR THE BRADLEY PARK SPORTS FIELD LIGHTING PROJECT (CIP #PK011), APPROPRIATING THE NECESSARY FUNDS, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY HUD ECONOMIC DEVELOPMENT INITIATIVE COMMUNITY PROJECT FUNDING GRANT AGREEMENTS AND RELATED DOCUMENTS. Adopted a resolution to amend the Fiscal Year 2024-25 Capital Improvement Program budget to add a new capital improvement project for the Bradley Park sports field lighting project (CIP #PK011), appropriate the necessary funds, and authorize the City Manager to execute any HUD economic development initiative community project funding grant agreement and related documents.
RESOLUTION NO. 2024-9332 - ANNEXATION NO. 32 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 2011-01 (CONGESTION MANAGEMENT). Adopt a resolution certifying the results of the election(s) and annexing the properties listed below to Community Facilities District No. 2011-01 (Congestion Management).
REMOVED FROM CONSENT CALENDAR.
RESOLUTION NO. FD 2024-373 - ANNEXATION NO. 93 TO THE SAN MARCOS FIRE PROTECTION DISTRICT COMMUNITY FACILITY DISTRICT NO. 2001-01. Adopted a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 2001-01.
RESOLUTION NO. 2024-9333 - ANNEXATION NO. 88 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-01 IMPROVEMENT AREA NO. 1 (POLICE ONLY). Adopted a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 98-01 IA No. 1 (Police Only).
RESOLUTION NO. 2024-9334 - ANNEXATION NO. 154 TO THE CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO. 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE). Adopted a resolution certifying the results of the elections and annexing the properties listed below to Community Facilities District No. 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance).
FINAL MAP FOR TENTATIVE SUBDIVISION MAP TSM 19-0002, NORTH CITY WEST, FOR NORTH CITY COMMUNITY PARTNERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND URBAN VILLAGES SAN MARCOS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. Approved Final Subdivision Map for Tentative Subdivision Map (TSM) 19-0002.
ITEMS REMOVED FROM CONSENT CALENDAR
ORDINANCE NO. 2024-1546 - SECOND READING OF ORDINANCE ADDING CHAPTER 10.33 TO THE SAN MARCOS MUNICIPAL CODE (ENCAMPMENTS ON CITY PROPERTY), AND AMENDING SAN MARCOS MUNICIPAL CODE SECTION 9.04.070 (RECREATIONAL ACTIVITIES). Adopt (second reading) Ordinance 2024-1546, adding Chapter 10.33 to the San Marcos Municipal Code (Encampments on City Property), and amending Section 9.04.070 (Recreational Activities).
COUNCILMEMBER DISCUSSION INCLUDED: information on COPPS unit providing outreach to homeless population, clarification on intention of ordinance being to provide outreach and resources firstly and addressing compliance when necessary, and request to pursue additional options and resources provided to the unhoused population.
PUBLIC COMMENTS INCLUDED:
Justin Gans spoke in opposition of the ordinance.
Emily Mahmaud spoke in opposition of the ordinance.
Warshan Ismaeil spoke in opposition of the ordinance.
Rebecca Rosaler spoke in opposition of the ordinance.
Angelica Guzman spoke in opposition of the ordinance.
Angelica Santiago, Universidad Popular, spoke in opposition of the ordinance.
Jake Parvin spoke in opposition of the ordinance.
Alan Geraci spoke in opposition of the ordinance.
Kristina spoke in opposition of the ordinance.
Written comments were received by Marilee Vickers and Cheryl Brown in support of the proposed ordinance and by Kathy Steele in opposition of the proposed ordinance.
MOVED TO ADOPT THE ORDINANCE BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NUÑEZ
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION NO. 2024-9332 - ANNEXATION NO. 32 TO THE CITY OF SAN MARCOS COMMUNITY FACILTES DISTRICT NO. 2011-01 (CONGESTION MANAGEMENT). Adopted a resolution certifying the results of the election(s) and annexing the properties listed below to Community Facilities District No. 2011-01 (Congestion Management).
COUNCILMEMBER DISCUSSION INCLUDED: clarification that an annexation is required for any change of a business.
PUBLIC COMMENTS INCLUDED: None.
MOVED TO APPROVE THE RESOLUTION BY DEPUTY MAYOR JENKINS, SECONDED BY COUNCILMEMBER NUÑEZ.
AYES: COUNCILMEMBERS: NUÑEZ, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: JONES
ABSENT: COUNCILMEMBERS: NONE
ORAL COMMUNICATIONS
Tom DeGraitis, Vista Meadows Mobile Home Park Board Director, expressed concern over eviction notices being provided by management company.
Joshua Liberato commented on conflict in the Middle East.
Emily Mahmoud commented on conflict in the Middle East.
Angelina Guzman commented on conflict in the Middle East.
Warshan Ismaeil commented on conflict in the Middle East.
ORDINANCES
ORDINANCE NO. 2024-1549 - ORDINANCE AMENDING MUNICIPAL CODE TITLE 14 (CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES) SECTIONS 14.04.010, 14.12.060, 14.12.240, AND 14.21.080. Introduced (first reading) Ordinance amending Municipal Code Title 14 (Construction Within Streets, Sidewalks, And Public Places; Underground Utility Facilities), Sections 14.04.010, 14.12.160, 14.12.240, and 14.21.080.
Stephanie Kellar, Deputy City Engineer, presented on behalf of the City of San Marcos.
PUBLIC COMMENTS INCLUDED: None
COUNCILMEMBER DISCUSSION INCLUDED: updates to Municipal Code.
MOTION TO INTRODUCE THE ORDINANCE BY COUNCILMEMBER SANNELLA, SECONDED BY MAYOR JONES.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PUBLIC HEARINGS
RESOLUTION NOS. 2024-9335 & 2024-9336 ADOPTING THE ACTIVE TRANSPORTATION PLAN AND APPROVING A GENERAL PLAN AMENDMENT GPA24-0001 TO AMEND THE MOBILITY ELEMENT, AS RECOMMENDED BY THE PLANNING COMMISSION BY A 6 - 0 VOTE.
Adopted or Approved, as applicable, the following in the order set forth below:
1. Adopted Categorical Exemption EX 24-009
2. Approved resolution adopting the Active Transportation Plan
3. Approved resolution (General Plan Amendment GPA24-0001) for Modifications to the Mobility Element to incorporate the Active Transportation Plan, update performance measures, and modify truck route management Stephanie Kellar, Deputy City Engineer, provided the staff report presentation.
COUNCILMEMBER DISCUSSION INCLUDED: clarification that ordinance does not set design of Class 4 facility, resolutions will assist with safety for pedestrians, and clarification that the Active Transportation Plan is a separate document from the General Plan.
MOTION TO CLOSE THE PUBLIC HEARING BY MAYOR JONES, SECONDED BY DEPUTY MAYOR JENKINS.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOTION TO ADOPT OR APPROVE THE RESOLUTIONS AS APPLICABLE BY COUNCILMEMBER MUSGROVE, SECONDED BY DEPUTY MAYOR JENKINS.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION NO. 2024-9337 - CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT OF THE LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2024-25. Adopted a resolution approving and confirming the diagram and assessment and levying the assessment for fiscal year 2024-2025.
PUBLIC COMMENTS INCLUDED: None
COUNCILMEMBER DISCUSSION INCLUDED: None
MOTION TO CLOSE THE PUBLIC HEARING BY COUNCILMEMBER SANNELLA, SECONDED BY COUNCILMEMBER MUSGROVE.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA, NUÑEZ NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOTION TO ADOPT THE RESOLUTION BY COUNCILMEMBER SANNELLA, SECONDED BY COUNCILMEMBER NUÑEZ.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA, NUÑEZ NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION NO. 2024-9338 - CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT OF VALLECITOS TOWN CENTER STREET MAINTENANCE DISTRICT FOR FISCAL YEAR 2024-2025. Adopted resolution confirming the diagram and assessment and providing for the levy of the assessment of Vallecitos Town Center Street Maintenance District for Fiscal Year 2024-2025.
PUBLIC COMMENTS INCLUDED: None
COUNCILMEMBER DISCUSSION INCLUDED: None
MOTION TO CLOSE THE PUBLIC HEARING BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER SANNELLA.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA, NUÑEZ NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOTION TO ADOPT THE RESOLUTION BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER NUÑEZ.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA, NUÑEZ NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORDINANCE NO. 2024-1550 - ORDINANCE AMENDING SECTIONS 20.310.020, 20.310.030, 20.310.040, 20.310.050, 20.310.060, and 20.310.080 OF TITLE 20 OF THE SAN MARCOS MUNICIPAL CODE RELATIVE TO INCLUSIONARY HOUSING REQUIREMENTS AND ASSOCIATED DENSITY BONUS CALCULATIONS FOR RESIDENTIAL RENTAL PROJECTS AND INCLUSIONARY HOUSING AGREEMENTS. Introduced (First Reading) of an Ordinance amending the Section 20.310.020, 20.310.030, 20.310.040, 20.310.050, 20.310.060, and 20.310.080 of the San Marcos Municipal Code and finding that said amendments are categorically exempt from CEQA review, in the following order: a) Categorical Exemption (EX24-007) and b) Ordinance (TA24-0002) amending Title 20, Chapter 20.310 of the San Marcos Municipal Code.
Punam Prahalad, Deputy City Attorney, provided the staff report presentation.
PUBLIC COMMENTS INCLUDED:
Carol Gendel expressed concerns over the in-lieu of fees and amount of low-income housing available.
COUNCILMEMBER DISCUSSION INCLUDED: clarification on in-lieu of fees and clarification that this will be putting back what the City had in place before.
MOTION TO CLOSE THE PUBLIC HEARING BY DEPUTY MAYOR JENKINS, SECONDED BY COUNCILMEMBER SANNELLA.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NUÑEZ
MOTION TO INTRODUCE THE ORDINANCE BY MAYOR JONES, SECONDED BY COUNCILMEMBER MUSGROVE.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NUÑEZ
RESOLUTION NOS. 2024-9323, 9324, 9325, & 9326 AND ORDINANCE NOS.2024-1547 & 1548 - PACIFIC SPECIFIC PLAN - ENTITLEMENTS FOR A 228-UNIT RESIDENTIAL DEVELOPMENT, INCLUDING AN ENVIRONMENTAL IMPACT REPORT AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM (EIR24-002) WITH FINDINGS OF FACT, A GENERAL PLAN AMENDMENT (GPA21-0002), A REZONE (R21-0002), A SPECIFIC PLAN (SP22-0001), A MULTI-FAMILY SITE DEVELOPMENT PLAN (MFSDP24-0001), AND A TENTATIVE SUBDIVISION MAP (TSM24-0001) AS RECOMMENDED FOR APPROVAL BY THE PLANNING COMMISSION BY A 6-0 VOTE. Adopted or introduced the following, as applicable, in the order set forth below:
Adopted resolution (2024-9323) to certify the Environmental Impact Report (EIR24-002 / SCH No 2022050650) associated Mitigation Monitoring and Reporting Program, with Findings of Fact; Adopted resolution (2024-9324) (General Plan Amendment GPA21-0002) for a land use change of 33.2 acres/project site from Industrial (I) to Specific Plan Area (SPA); Introduced ordinance (2024-1547) (Rezone R21-0002) for a zone reclassification of 33.2 acres/project site from Industrial (I) to Specific Plan Area (SPA); Introduced ordinance (2024-1548) (Specific Plan SP22-0001) to adopt the Pacific Specific Plan to establish development guidelines and serve as the primary land use, policy, and regulatory document for the project site; Adopted resolution (2024-9325) (Multi-Family Site Development Plan MFSDP24-0001) to allow the construction of 228 residential condominiums; and Adopted resolution (2024-9326) (Tentative Subdivision Map TSM24-0001) to establish two residential lots and one open space lot, with 116 residential condominiums on Lot 1 and 112 residential condominiums on Lot 2.
Saima Qureshy, Program Manager, and Kyrenne Chua, Principal Civil Engineer, provided the staff presentation.
Greg Waite, Integral Communities, provided a presentation and statements on behalf of the Applicant.
COUNCILMEMBER DISCUSSION INCLUDED: clarification on site development due to biological constraints, clarification of comments from City of Carlsbad, clarification on applicant paying into CFD for landscaping, clarification on environmental approval being needed prior to site development, clarification on process for conservancy development process, clarification on EV chargers, clarification regarding vernal pools, clarification that two million dollars will be provided by project for in lieu fees, comments on benefit of traffic light being provided, clarification of open space and property fencing, request for disclosure about nearby industrial area being in HOA and CC&R documents, clarification on nearby NCTD bus shelter being maintained by NCTD, .
PUBLIC COMMENTS INCLUDED:
Justin Gans expressed approval of high-density housing and request for low-income affordable housing.
Eliazar Roman, Western States Regional Council of Carpenters, expressed concerns over environmental impacts and a request for the City to require the project be built by contractors that will hire locally.
MOVED BY COUNCILMEMBER MUSGROVE, SECONDED BY DEPUTY MAYOR JENKINS TO CLOSE THE PUBLIC HEARING.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NUÑEZ
MOVED TO APPROVE BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER SANNELLA.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NUÑEZ,
ORAL COMMUNICATIONS - CONTINUED
Shêro commented on conflict in the Middle East.
Alejandra Coronado commented on conflict in the Middle East.
Justin Gans commented on conflict in the Middle East.
Kristina commented on conflict in the Middle East.
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 MUSGROVE. No report given.
NORTH COUNTY TRANSIT DISTRICT REPORT – DEPUTY MAYOR JENKINS. Report given with no action taken.
NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT – COUNCILMEMBER NUÑEZ. No report given.
CLEAN ENERGY ALLIANCE REPORT – COUNCILMEMBER MUSGROVE. No report given.
CITY COUNCIL BUSINESS VISITS –COUNCILMEMBER MUSGROVE. Visited Hunter Industries. Report given with no action taken.
SAN MARCOS CREEK PROJECT UPDATE – CITY MANAGER BENDER. Report given with no action taken.
COUNCIL COMMENTARY
Councilmember Sannella requested the San Marcos Creek Project Update be removed from the reports on future agendas and updates be given as needed.
ADJOURNMENT
MAYOR JONES adjourned the meeting at 9:11 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 23, 2024 | Page 3 of 7