MINUTES
Regular Meeting of the San Marcos City Council
Tuesday, September 10, 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 6:01 P.M.
PLEDGE OF ALLEGIANCE: Led by Mayor Jones
INVOCATION: Led by Tracie Moss, North Coast Church
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:
SMILE Award – Richard Borevitz
San Marcos Girls Softball 10U All Star Team – Mayhem
National Preparedness Month
Rise Above: Sheriff Youth Leadership Program
CONSENT CALENDAR:
MOVED TO APPROVE THE CONSENT CALENDAR BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER SANNELLA, EXCEPT ITEMS #5, #6, #8, #12 AND #17 WHICH WERE REMOVED FROM THE CONSENT CALENDAR 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 and regular meeting on July 23, 2024 and special meeting on August 14, 2024.
APPROVAL OF WARRANTS. Approved City Council, Successor Agency, and Fire Protection District warrants dated August and September 2024. 2024 LOCAL AGENCY BIENNIAL NOTICE FOR THE CITY OF SAN MARCOS CONFLICT OF INTEREST CODE. Received and filed the Fair Political Practices Commission 2024 Local Agency Biennial Notice for the code reviewing body to review the conflict of interest code for the City of San Marcos and file said notice with the agency's code reviewing body before October 1, 2024.
ORDINANCE NO. 2024-1547 - SECOND READING OF ORDINANCE APPROVING A REZONE (R21-0002) OF A 33.2-ACRE PROJECT SITE FROM INDUSTRIAL (I) TO SPECIFIC PLAN AREA (SPA). Adopt (second reading) Ordinance 2024-1547, approving a rezone (R21-0002) of a 33.2-acre project site from Industrial (I) to Specific Plan Area (SPA). REMOVED FROM CONSENT CALENDAR.
ORDINANCE NO. 2024-1548 - SECOND READING OF ORDINANCE APPROVING A SPECIFIC PLAN ALLOWING 228 RESIDENTIAL UNITS ON A VACANT 33.2-ACRE PARCEL (SP22-0001). Adopt (second reading) Ordinance 2024-1548 approving a Specific Plan allowing 228 residential units on a vacant 33.2-acre parcel (SP22-0001). REMOVED FROM CONSENT CALENDAR.
ORDINANCE NO. 2024-1549 - SECOND READING OF 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. Adopted (second reading) Ordinance 2024-1549, 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.
ORDINANCE NO. 2024-1550 - SECOND READING OF 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. Adopt (second reading) Ordinance 2024-1550, amending Sections 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. REMOVED FROM CONSENT CALENDAR.
RESOLUTION NO. 2024-9339 - DELEGATING TO AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE, AND EXECUTE A CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES ON THE SAN MARCOS CREEK DISTRICT SPECIFIC PLAN UPDATE. Adopted a resolution delegating to and authorizing the City Manager to negotiate, finalize, and execute a consultant agreement for professional services to update the San Marcos Creek District Specific Plan.
RESOLUTION NO. 2024-9340 - APPROVING CONSTRUCTION DOCUMENTS AND AUTHORIZING THE CITY MANAGER TO AWARD, FINALIZE, AND EXECUTE CONSTRUCTION CONTRACT DOCUMENTS FOR THE RETROREFLECTIVE BACKPLATE PROJECT (CIP# TR008). Adopted a resolution to approve the construction documents and authorize the City Manager to award, finalize, and execute the construction contract documents for the Retroreflective Backplate Project (CIP# TR008).
RESOLUTION NO. 2024-9341 AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION FOR FUNDING THROUGH THE RECONNECTING COMMUNITIES PILOT (RCP) PROGRAM FOR THE FISCAL YEAR 2024 TO FUND CONSTRUCTION OF A MULTI-USE TUNNEL. Adopted the resolution authorizing the City Manager to apply for funding through the U.S. Department of Transportation's Reconnecting Communities Pilot (RCP) Program for FY 2024.
RESOLUTION NOS. 2024-9342, 2024-9343, & 2024-9344 - ADOPTING A CATEGORICAL EXEMPTION FROM CEQA REVIEW (EX24-010), CLASS V (MINOR ALTERATIONS IN LAND USE LIMITATIONS, AND ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF WEST LA CIENEGA ROAD, RESERVING THEREFROM UTILITY RIGHTS, AND TERMINATING THE DECLARATION OF COVENANT FOR STREET IMPROVEMENTS, AS RECOMMENDED BY THE PLANNING COMMISSION. Adopt and approve the following, in the order set forth below, as recommended by the Planning Commission:
Categorical Exemption EX24-010 per CEQA Section 15305, Class V (Minor Alterations in Land Use Limitations); and Resolution 2024-9342 (VAC24-0001) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 245 West La Cienega Road (APN: 182-210-23-00); and Resolution 2024-9343 (VAC24-0002) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 165 West La Cienega Road (APN: 182-210-18-00); and Resolution 2024-9344 (VAC24-0003) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 157 West La Cienega Road (APN: 182-210-19-00). REMOVED FROM CONSENT CALENDAR.
RESOLUTION NO. 2024-9345 – DECLARING THAT TRANSFER OF REAL PROPERTY LOCATED WITHIN THE UNIVERSITY DISTRICT SPECIFIC PLAN AREA AT 318 E. BARHAM DRIVE, SAN MARCOS, CA (ASSESSOR’S PARCEL NUMBER 220-202-27-00) TO FACILITATE THE CONSTRUCTION AND INSTALLATION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS IS EXEMPT FROM THE SURPLUS LAND ACT, AUTHORIZING THE CITY ATTORNEY TO SEEK ASSISTANCE FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WITH RESPECT TO SUCH EXEMPTION, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE, AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE TRANSFER OF REAL PROPERTY AND IMPROVEMENTS AND TO PROCESS AND IMPLEMENT SUCH TRANSFER IN THE EVENT SAID EXEMPTION FROM THE SURPLUS LAND ACT IS CONFIRMED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. Adopted a resolution declaring the proposed transfer of real property and improvements located within the University District Specific Plan Area, addressed as 318 E. Barham Drive, San Marcos, CA (Assessor's Parcel Number 220-202-27-00) to be exempt from the Surplus Land Act, authorizing the City Attorney to seek assistance from the California Department of Housing and Community Development with respect to such exemption, and authorizing the City Manager and City Attorney to complete negotiations, finalize, and execute all documents necessary for the to facilitate the construction and installation of public infrastructure in the event said exemption from the Surplus Land Act is confirmed by the California Department of Housing and Community Development.
RESOLUTION NOS. 2024-9346 & 2024-9347- DECLARING THAT THE TRANSFER OF REAL PROPERTY IDENTIFIED AS A PORTION OF ASSESSOR’S PARCEL NUMBER 219-152-74-00 TO ADJACENT PROPERTY OWNER AOA SAN MARCOS LLC IS EXEMPT FROM THE SURPLUS LAND ACT, AUTHORIZING THE CITY ATTORNEY TO SEEK ASSISTANCE FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WITH RESPECT TO SUCH EXEMPTION, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE, FINALIZE, AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE TRANSFER OF SUCH REAL PROPERTY AND TO IMPLEMENT SUCH TRANSFER IN THE EVENT SAID EXEMPTION FROM THE SURPLUS LAND ACT IS CONFIRMED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; AND RESOLUTION AUTHORIZING ACCEPTANCE OF EMERGENCY ACCESS AND CREEK MAINTENANCE ACCESS EASEMENTS OVER PROPERTY OWNED BY AOA SAN MARCOS, LLC. 1. Adopted a resolution declaring that the transfer of real property identified as a portion of Assessor's Parcel Number 219-152-74-00 to adjacent property owner AOA San Marcos LLC is exempt from the Surplus Land Act, authorizing the City Attorney to seek confirmation from the California Department of Housing and Community Development with respect to such exemption, and authorizing the City Manager and City Attorney to negotiate, finalize, and execute all documents necessary for the transfer of such real property and to implement such transfer in the event said exemption is confirmed by the California Department of Housing and Community Development.
2. Adopted a resolution authorizing City acceptance of emergency access and creek maintenance access easements over property owned by AOA San Marcos LLC.
RESOLUTION NO. 2024-9349 - DELEGATING TO AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE, AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE SAN MARCOS CREEK SPECIFIC PLAN ENVIRONMENTAL HABITAT AND MITIGATION PROJECT (CIP #88529). Adopted a resolution delegating to and authorizing the City Manager to negotiate, finalize, and execute a professional services agreement with Dudek for the San Marcos Specific Plan Environmental Habitat and Mitigation (CIP #88529).
RESOLUTION NO. 2024-9350 - LEGISLATIVE REPORT. Adopted a resolution taking a position on pending legislation in the California State Legislature and projects of local impacts.
RESOLUTION NO. 2024-9348 - APPROVING AN UPDATED FULL TIME CLASSIFICATION AND COMPENSATION SCHEDULE. Adopt a resolution approving an updated Full Time Classification and Compensation Schedule. REMOVED FROM CONSENT CALENDAR.
ITEMS REMOVED FROM CONSENT CALENDAR
ORDINANCE NO. 2024-1547 - SECOND READING OF ORDINANCE APPROVING A REZONE (R21-0002) OF A 33.2-ACRE PROJECT SITE FROM INDUSTRIAL (I) TO SPECIFIC PLAN AREA (SPA). Adopted (second reading) Ordinance 2024-1547, approving a rezone (R21-0002) of a 33.2-acre project site from Industrial (I) to Specific Plan Area (SPA).
COUNCILMEMBER DISCUSSION INCLUDED: Councilmember Nuñez being absent for the introduction of the ordinance.
PUBLIC COMMENTS INCLUDED: None.
MOVED TO APPROVE BY DEPUTY MAYOR JENKINS, SECONDED BY COUNCILMEMBER SANNELLA.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NUÑEZ
ORDINANCE NO. 2024-1548 - SECOND READING OF ORDINANCE APPROVING A SPECIFIC PLAN ALLOWING 228 RESIDENTIAL UNITS ON A VACANT 33.2-ACRE PARCEL (SP22-0001). Adopted (second reading) Ordinance 2024-1548 approving a Specific Plan allowing 228 residential units on a vacant 33.2-acre parcel (SP22-0001).
COUNCILMEMBER DISCUSSION INCLUDED: Councilmember Nuñez being absent for the introduction of the ordinance.
PUBLIC COMMENTS INCLUDED: None.
MOVED TO APPROVE BY DEPUTY MAYOR JENKINS, SECONDED BY COUNCILMEMBER SANNELLA.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NUÑEZ
ORDINANCE NO. 2024-1550 - SECOND READING OF 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. Adopted (second reading) Ordinance 2024-1550, amending Sections 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.
COUNCILMEMBER DISCUSSION INCLUDED: Councilmember Nuñez being absent for the introduction of the ordinance.
PUBLIC COMMENTS INCLUDED: None.
MOVED TO APPROVE BY DEPUTY MAYOR JENKINS, SECONDED BY COUNCILMEMBER SANNELLA.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NUÑEZ
RESOLUTION NOS. 2024-9342, 2024-9343, & 2024-9344 - ADOPTING A CATEGORICAL EXEMPTION FROM CEQA REVIEW (EX24-010), CLASS V (MINOR ALTERATIONS IN LAND USE LIMITATIONS, AND ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF WEST LA CIENEGA ROAD, RESERVING THEREFROM UTILITY RIGHTS, AND TERMINATING THE DECLARATION OF COVENANT FOR STREET IMPROVEMENTS, AS RECOMMENDED BY THE PLANNING COMMISSION. Adopt and approve the following, in the order set forth below, as recommended by the Planning Commission:
Categorical Exemption EX24-010 per CEQA Section 15305, Class V (Minor Alterations in Land Use Limitations); and Resolution 2024-9342 (VAC24-0001) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 245 West La Cienega Road (APN: 182-210-23-00); and Resolution 2024-9343 (VAC24-0002) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 165 West La Cienega Road (APN: 182-210-18-00); and Resolution 2024-9344 (VAC24-0003) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 157 West La Cienega Road (APN: 182-210-19-00).
BY CONSENSUS THE ITEM WAS DEFERRED TO A FUTURE COUNCIL MEETING TO BE DETERMINED.
RESOLUTION NO. 2024-9348 - APPROVING AN UPDATED FULL TIME CLASSIFICATION AND COMPENSATION SCHEDULE. Adopted a resolution approving an updated Full Time Classification and Compensation Schedule.
COUNCILMEMBER DISCUSSION INCLUDED: discussion of best value analysis related to the Building Division.
MOVED TO APPROVE BY DEPUTY MAYOR JENKINS, SECONDED BY COUNCILMEMBER SANNELLA.
AYES: COUNCILMEMBERS: JONES, JENKINS, MUSGROVE, SANNELLA, NUÑEZ NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORAL COMMUNICATIONS
Marlene Walder expressed concerns over there being no emergency evacuation plan at San Marcos Mobile Estates.
John Mosher expressed concerns over Lakeview Mobile Estates changing from a senior park to an all-age park and San Marcos Mobile Estates having power problems.
Jeffrey Papendieck expressed concerns over senior housing for Lakeview Mobile Estates changing to allow those under 55 to reside there.
Shawn Logsdon, San Marcos Lutheran Church, expressed concern over treatment of homeless in the community.
Noah Stangby, Grace San Marcos Church, expressed concerns over co-mingling of genders in locker rooms at local schools.
PUBLIC HEARINGS
ORDINANCE NO. 2024-1551, AN ORDINANCE OF THE CITY COUNCIL REPEALING AND REPLACING CHAPTER 20.410 OF THE SAN MARCOS MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES AND FINDING THAT SAID REPEAL AND REPLACEMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Introduced (first reading) of an Ordinance repealing and replacing Chapter 20.410 of the San Marcos Municipal Code and finding that said repeal and replacement is categorically exempt from CEQA review, in the following order:
1. Notice of Exemption (EX24-013); and
2. Ordinance No. 2024-1551 (Text Amendment TA24-0003) for repeal and replacement of Chapter 20.410 of the San Marcos Municipal Code.
Jacqueline Paterno, Deputy City Attorney, presented on behalf of the City of San Marcos.
PUBLIC COMMENTS INCLUDED:
Marlene Walder asked for clarification on housing with requirements for no street parking allowing ADUs.
John Mosher asked for clarification on prioritization of public transit requirements.
Justin Gans requested information on public comments received and included in the staff report.
COUNCILMEMBER DISCUSSION INCLUDED: clarification that the guidelines apply to apartments dwellings, AB 1033 policy is not included with current ordinance update and would need to be a separate ordinance, changes to City’s Municipal Code will be up to date with State Government Code, amendments to text were made to 20.410.060 H to reference the legislation language, and note that if provisions are in conflict with State Government Code, then State Government Code shall prevail.
MOTION TO CLOSE PUBLIC HEARING BY DEPUTY MAYOR JENKINS, SECONDED BY COUNCILMEMBER MUSGROVE.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MOTION TO APPROVE BY COUNCILMEMBER MUSGROVE, SECONDED BY COUNCILMEMBER NUÑEZ.
AYES: COUNCILMEMBERS: JONES, JENKINS, NUÑEZ, MUSGROVE, SANNELLA NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORAL COMMUNICATIONS - CONTINUED
Alan Geraci discussed the County’s Climate Action Plan being slated for the Wednesday, September 11th agenda.
Flower Alvarez-Lopez discussed Universidad Popular’s involvement with National Preparedness Month activities.
Adan Abaquin-Brown commented on conflict in the Middle East.
Ahmed Omer commented on conflict in the Middle East.
Emily Mahmoud commented on conflict in the Middle East.
REPORTS (Including AB 1234 Reporting Requirements)
SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT – MAYOR JONES. No report given.
LEAGUE OF CALIFORNIA CITIES REPORT – COUNCILMEMBER SANNELLA. Report given with no action taken.
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. Report given with no action taken.
CITY COUNCIL BUSINESS VISITS –COUNCILMEMBER MUSGROVE. Visited Fluid Focus. Report given with no action taken.
COUNCIL COMMENTARY
Mayor Jones announced that community CPR classes will be held on Saturday, September 14th at 8:00am. Councilmember Musgrove announced the County would hold a 9/11 memorial service at 7:30 am on September 11th.
ADJOURNMENT
MAYOR JONES adjourned the meeting at 8:29 pm.
________________________________
REBECCA D. JONES, MAYOR
CITY OF SAN MARCOS
ATTEST:
______________________________
PHILLIP SCOLLICK, CITY CLERK
CITY OF SAN MARCOS
Regular City C Regular City Council Meeting
Tuesday, September 10, 2024 | Page 3 of 7