MINUTES Meeting of the San Marcos City Council
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1 MINUTES Meeting of the San Marcos City Council TUESDAY, MAY 13, 2014 City Council Chambers 1 Civic Center Drive, San Marcos, CA Regular City Council Meeting Regular San Marcos Public Financing Authority 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 Special Fire Protection District Meeting CALL TO ORDER: Mayor Desmond called the City Council Meeting to order at 6:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS: ALSO PRESENT: City Manager Griffin, City Attorney Peak, City Engineer/Public Works Director Edwards, Planning Director Backoff, Housing & Neighborhood Services Director Schwarm, Housing Programs Manager Williams, City Clerk Scollick, and Deputy City Clerk Cogle. PLEDGE OF ALLEGIANCE: Led by Councilmember Orlando INVOCATION: Given by Jack Anderson, San Marcos Lutheran Church. PRESENTATIONS & PROCLAMATIONS: B. Proclamation to Fire Chief Newman: The City Council provided a proclamation to Fire Chief Newman in appreciation of his service to the City of San Marcos. C. Proclamation to Fire Marshal Ernau: The City Council provided a proclamation to Fire Marshal Ernau in appreciation of his service to the City of San Marcos. D. Fire Department Badge Pinning Ceremony: The following fire department staff members were pinned during a promotion recognition ceremony: Chief Brett VanWey, Division Chief David Schloss, Division Chief/Fire Marshal Robert Scott, Battalion Chief William Frederick, Captain Michael Vasile, Engineer Alexander Sandy Fast, and Firefighter/Paramedic David Pauley. # 2.1
2 Tuesday, May 13, 2014 Page 2 of 8 A. Cal State University San Marcos Scholar Athletes: The City Council recognized Brieanna Jones, Kathryn Bouvatte, and Frederik Jahr for achieving scholar athlete status. CONSENT CALENDAR ITEM NO. 6 WAS REMOVED FROM THE CONSENT CALENDAR. MOVED BY VICE MAYOR JONES, SECONDED BY COUNCILMEMBER JENKINS, TO APPROVE THE CONSENT CALENDAR, EXCEPT ITEM NO. 6, AS RECOMMENDED BY STAFF. 1) WAIVER OF TEXT. This item is to waive the reading of the text of all Ordinances and Resolutions introduced or adopted at this meeting. Ordinances and Resolutions shall be introduced or adopted by title. 2) APPROVAL OF MINUTES. Regular City Council/Regular San Marcos Public Financing Authority/Special City of San Marcos as Successor Agency to the San Marcos Redevelopment Agency/Special City of San Marcos as Successor Housing Agency to the San Marcos Redevelopment Agency/Regular Fire Protection District Meetings, 4/22/2014; Special City Council Meetings: 4/23/2014, 4/24/2014, 5/5/2014, and 5/7/ ) APPROVAL OF WARRANTS. Approved City Council, Successor Agency, and Fire Protection District warrants. 4) RESOLUTION NO ANNEXATION 117 ANNEXATION OF PROPERTY TO CITYWIDE COMMUNITY FACILITIES DISTRICT NO (LIGHTING, OPEN SPACE AND PRESERVE MAINTENANCE). Approved certifying and adding the property located at APN to CFD and approving the boundary map for Annexation No ) REGIONAL SUPPORT LETTER FOR THE SAN YSIDRO PORT MODERNIZATION AND EXPANSION PROJECT. Approved the Mayor to sign a letter of regional support for the San Ysidro Port Modernization and Expansion Project. 6) RESOLUTION NO PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY, SCHOTTS AND URBAN VILLAGES SAN MARCOS OF PROPERTY LOCATED AT 225 E. CARMEL (APN # ). Consider approving the purchase of 225 E. Carmel from Ms. Schott and the immediate sale of 225 E. Carmel to Urban Villages San Marcos. THIS ITEM WAS REMOVED FROM THE CONSENT CALENAR. 7) RESOLUTION NO ADDENDUM TO JOINT USE AGREEMENT BETWEEN SAN MARCOS UNIFIED SCHOOL DISTRICT AND CITY OF SAN MARCOS. Approved an addendum # 2.2
3 Tuesday, May 13, 2014 Page 3 of 8 to Joint Use Agreement between the San Marcos Unified School District and City of San Marcos. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION NO PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY, SCHOTTS AND URBAN VILLAGES SAN MARCOS OF PROPERTY LOCATED AT 225 E. CARMEL (APN # ). Consider approving the purchase of 225 E. Carmel from Ms. Schott and the immediate sale of 225 E. Carmel to Urban Villages San Marcos. MICHAEL HUNSAKER, PODL, requested clarification if there was a threat of eminent domain condemnation and who is paying the escrow costs. CITY ATTORNEY PEAK responded that there was a threat of eminent domain condemnation as the property is needed for infrastructure and that Urban Villages San Marcos is paying the escrow costs. MOVED BY MAYOR DESMOND, SECONDED BY COUNCILMEMBER JENKINS, TO APPROVE RESOLUTON NO , AS RECOMMENDED BY STAFF. ORAL COMMUNICATIONS ELSA SINGH, San Marcos, provided background information relating to invocations at the City Council meetings and recent Supreme Court legislation passed allowing prayer at public meetings. She expressed her desire to see prayer continued at City Council meetings. MICHAEL HUNSAKER, PODL, spoke as it related to the Special City Council/Budget workshop held and mentioned the following concerns: 1) the recommendation made for a pension reserve; 2) If some of the land sales and infrastructure improvements for affordable housing will be captured into a restricted fund for community services; and, 3) how the drainage fee costs for the Creek will be recaptured. NEW BUSINESS 8) APPOINTMENTS TO CITY BOARDS, COMMITTEES, AND COMMISSIONS. Consider interviewing and appointing individuals to fill vacancies on Budget Review Committee and Youth Commission. Budget Review Committee: Council interviewed applicants Gunther and Knowlton. Applicants Brown and Zohn were not present and applicant Lehner withdrew his application. # 2.3
4 Tuesday, May 13, 2014 Page 4 of 8 MOVED BY DESMOND, SECONDED BY JABARRA AND CARRIED UNANIMOUSLY TO APPOINT LISA GUNTHER AND JAMES KNOWLTON TO REGULAR SEATS REPLACING RICHARD ZOHN AND BRIAN SMITH. Youth Commission: Council interviewed applicants Arellano, Badillo, Bazan, Buckner, Hernandez, Madhava, McLain, Vijayakumar, and Wang. COUNCIL CONCURRED TO REAPPOINT CHAD MCLAIN TO A REGULAR SEAT REPLACING ALDO RAMIREZ GUERRERO; APPOINT CECILIA WANG REPLACING OSCAR-ELVIS ARCE AND SPATIKA MADHAVA REPLACING CHAD MCLAIN TO REGULAR SEATS; AND APPOINT JOHN HERNANDEZ REPLACING FATIMA RIOS PEREZ TO AN ALTERNATE SEAT. ORDINANCES 9) ORDINANCE NO COMMUNITY FACILITIES DISTRICT (CFD) (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) ANNEXATION 116 F-53, AUTHORIZATION OF LEVY OF SPECIAL TAX. CITY ENGINEER/PUBLIC WORKS DIRECTOR EDWARDS provided staff report dated 5/13/2014. Staff recommended the City Council introduce an Ordinance declaring the annexation of territory to CFD 98-02, Improvement Area F-53. MOVED BY VICE MAYOR JONES, SECONDED BY COUNCILMEMBER JABARA, TO INTRODUCE ORDINANCE NO , AS RECOMMENDED BY STAFF.. PUBLIC HEARINGS 10) RESOLUTION NO & ORDINANCE NO HANSON AGGREGATES PACIFIC SOUTHWEST AND HEART OF THE CITY SPECIFIC PLAN AMENDMENT (P : SP /TSM /ND APPLICANT: Hanson Aggregates Pacific Southwest LOCATION: heart of the City Planning Area PLANNING DIRECTOR BACKOFF provided staff report dated 5/13/2014. Staff recommended Council approve a Specific Plan Amendment and Tentative Subdivision Map allowing for 346 # 2.4
5 Tuesday, May 13, 2014 Page 5 of 8 units (single family detached, alley loaded units, single family paired and courtyard homes) mixed-use (retail, office & business park) and a city park. MARVIN HOWELL, Hanson Aggregates, applicant, clarified the following: 1) the park land will be maintained by the developer until it is released to the City; 2) there are project design guidelines that a future developer will be required to follow; and, 3) there was light attendance at the public workshop and the concern of traffic impacts to the existing community was discussed at the workshop. MARK ROGERS, TRG Land, provided a presentation and clarified the following: 1) the greenbelt in front of the homes is common area and maintained by the homeowner s association; 2) parking will be available in standard sized driveways; 3) the project meets and exceeds the city s parking requirements; 3) traffic calming measures are included in the project; and, 4) on-street parking will be available and a master parking plan was submitted that delineates parking requirements. STAFF responded to INDIVIDUAL COUNCILMEMBER concerns: 1) the Parking Master Plan requires the garages be used for parking and enforcement is the responsibility of the homeowner association (HOA); 2) the Grading Ordinance and other regulations will be enforced during project construction to prevent dust and/or noise issues to existing neighborhoods; and, 3) Hanson will retain ownership of the MU4 parcel in the south area; 4) a Specific Plan and General Plan Amendment will be required for development; and 5) the future builder is required to adhere to the project design concepts as presented and approved. CITY ATTORNEY PEAK clarified the parking requirements will be referenced in the CC&R s and a condition of approval can be made that the CC&R s are provided to the City for review prior to approval. CHRISTINA FREDERICK, Rosemont community resident, expressed concern regarding the structure heights and that her neighborhood is already impacted by students and Village Drive condo residents parking in the Rosemont neighborhood and asked that the City Council consider permitted parking for residents in Rosemont. GREG THUNE, San Marcos, requested the city condition the developer to a maximum building height of two stories. MOVED BY VICE MAYOR JONES, SECONDED BY COUNCILMEMBER JABARA, TO CLOSE THE PUBLIC HEARING. # 2.5
6 Tuesday, May 13, 2014 Page 6 of 8 MOVED BY MAYOR DESMOND, SECONDED BY VICE MAYOR JONES TO ADOPT RESOLUTION NO AND INTRODUCE ORDINANCE NO WITH THE FOLLOWING ADDITIONAL CONDITIONS: 1) PRODUCT (HOMES) IN A AND B ARE RESTRICTED TO TWO STORIES; 2) INCLUDE IN THE HOA CC&R S THAT GARAGES ARE USED FOR PARKING CARS; AND, 3) WATER EFFICIENT/NON-SPRAY IRRIGATION BE REQUIRED IN PLANTING AREAS ADJACENT TO ROADWAYS, LANES, OR ALLEYS. THE CITY COUNCIL CONCURRED TO BREAK AT 8:15 P.M. AND RECONVENED AT 8:24 P.M. 11) RESOLUTION NO. SA , SHA & AFFIRMED HOUSING GROUP DEVELOPMENT & LOAN AGREEMENT FOR AN AFFORDABLE HOUSING DEVELOPMENT IN THE CREEK DISTRICT PURSUANT TO SECTION OF THE HEALTH AND SAFETY CODE. APPLICANT: Affirmed Housing Group LOCATION: Creek District HOUSING PROGRAM MANAGER HARRY WILLIAMS provided staff report dated 5/13/2014. Staff recommended the City Council consider approving the Development and Loan Agreement (DLA) and project loan for an affordable housing development proposed by Affirmed Housing Group (the developer) in the San Marcos Creek Specific Plan Area; and, also approve the Section Report and subsequent transfer of real property to the developer in accordance with the terms of the DLA. STAFF responded to INDIVIDUAL COUNCILMEMBER questions as follows: 1) the land is currently owned by the Successor Agency; 2) the loan repayment will be done over a 55 year term with loan repayments and interest paid back to the housing fund; and, 3) Opportune Companies, developer for the Promenade project, applied for funds in March 2014 and Affirmed Housing will not apply/compete for funds at the same time. LINDSAY QUACKENBUSH, Affirmed Housing, applicant, was available for questions and explained the City has a security on the land and a right to acquire the property which is included in the Developer Loan Agreement. MICHAEL HUNSAKER, PODL, requested the following be clarified: 1) if the 55 year restriction is going to run with the land irresponsible of whether or not there is payment of loans and change of management, etc.; 2) is the infrastructure charge for facilities or are there in lieu fees intermixed; 3) there should be cost sharing for appreciation; 4) concerned that parking in the General Plan has been cut too fine which will result in overflow parking at Creekside; 5) if a profit is made from a resale/repurchase, this would be profit to a forprofit organization and they would still receive property tax relief; and, 6) why is the # 2.6
7 Tuesday, May 13, 2014 Page 7 of 8 appraisal for the land $1.6 million per net acre when the property adjacent appraised for $2.2 per acre. Mayor Desmond requested staff to provide a written response to Mr. Hunsaker. MOVED BY VICE MAYOR JONES, SECONDED BY COUNCILMEMBER JABARA, TO CLOSE THE PUBLIC HEARING. MOVED BY VICE MAYOR JONES, SECONDED BY COUNCILMEMBER JABARA, TO ADOPT RESOLUTON NOS. SA , SHA , AND , AS RECOMMENDED BY STAFF. 12) RESOLUTION NO CITY S COMMUNITY DEVELOPMENT BLOCK GRANT DRAFT CONSOLIDATED PLAN AND ANNUAL ACTION PLAN APPLICANT: City of San Marcos LOCATION: City-wide HOUSING AND NEIGHBORHOOD SERVICES DIRECTOR SCHWARM provided staff report dated 5/13/2014. Staff recommended the City Council consider public input on second public hearing to approve the City s CDBG Draft Consolidated Plan and Annual Action Plan. STAFF responded to INDIVIDUAL COUNCILMEMBER questions as follows: 1) administrative costs for the program are included in the plan; 2) engineering is looking at phase one of the Richmar park costs; and, 3) the city owned parking lot adjacent to the post office will be improved during phase two. MOVED BY MAYOR DESMOND, SECONDED BY VICE MAYOR JONES, TO CLOSE THE PUBLIC HEARING AND ADOPT RESOLUTON NO , AS RECOMMENDED BY STAFF. ORAL COMMUNICATIONS CONTINUED There were no additional speakers. # 2.7
8 Tuesday, May 13, 2014 Page 8 of 8 REPORTS (Including AB 1234 Reporting Requirements) 13) REDEVELOPMENT AGENCY DISSOLUTION REPORT - CITY MANAGER. Report provided with no action taken. 14) REGIONAL ECONOMIC REPORT - MAYOR DESMOND. Report provided with no action taken. 15) SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT - COUNCILMEMBER ORLANDO. Report provided with no action taken. 16) NORTH COUNTY TRANSIT DISTRICT REPORT - VICE MAYOR JONES. No report provided. 17) LEAGUE OF CALIFORNIA CITIES REPORT - COUNCILMEMBER JABARA. Report provided with no action taken. 18) NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT - COUNCILMEMBER JENKINS. No report provided. COUNCIL COMMENTARY Vice Mayor Jones recommended Student & Neighborhood Relations Commission review the parking issues brought up by Mrs. Frederick relating to students and Village Drive condo residents parking in the Rosemont neighborhood. Councilmember Jenkins thanked staff for the budget presentation provided at the Special City Council meeting. Mayor Desmond requested staff provide a policy for City Council consideration that requires water efficient, non-spray irrigation in planting areas adjacent to roadways, medians, alley ways and lanes on future projects. ADJOURNMENT Mayor Desmond adjourned the meeting at 9:05 p.m. ATTEST: REBECCA JONES, VICE MAYOR CITY OF SAN MARCOS PHILLIP SCOLLICK, CITY CLERK CITY OF SAN MARCOS # 2.8
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